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Full text of "North Carolina Register v.12 no. 17 (3/2/1998)"

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NORTH CAROLINA 

REGISTER 



VOLUME 12 • ISSUE 17 • Pages 1606 - 1691 

March 2, 1998 




IN THIS ISSU5 

Executive Orders 

Administration 

Agriculture 

Commerce 

General Contractors ; : ' 

Environment and Natural Resources 

Health and Human Services 

Insurance 

Justice 

Labor 

Medical Examiners 

Nursing, Board of 

Public Education 

Revenue 

Rules Review Commission 

Contested Case Decisions 



\ 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 2 761 1- 7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13 



For those persons that ha\-e questions or concerns regarding the Administrative Procedure Act or any of its 
components, consult with the agencies below; The bolded headings are t>pical issues which the given agency 
can address, but are not inclusive. 



i 



Rule Notices. Filings. Register. Deadlines. Copies of Proposed Rules, etc. 

Office of Ad.mmisirame Hearings 

Rules DiMSion -,.,;■•--.,,-•.., 

Capehart-Crocker House (919) 733-2678:r"\ ^^^-C;X>. 

424 North Blount Street _^,,..-. ;;■ <919).73^ 

Raleieh. North Carolina 2 "60 1 -28 17 :::■-;"■--""""" ■■■■'-;:;.::;••-...... 



contact NfoUy Masich. Director .APA Services 
Rubv Creech. Pubhcations Coordinator 



Fiscal Notes «& Economic Analysis 

Office of State Budget and Management 
.■ 1 16 West Jones Street 
:' ' Raleigh. North Carolina 2^603-8005 ■ 

. contact: Nfark Sisak. Economist III 
; ? Anna Tefft. Economist II 



mmasich a oah. state ncus 
rcreech a oah. state, ncus -;" 



(919> 733-7061 
(919) 733-0640 F.AX 



msisakSosbm statenc.us 
atefft.a osbm. state. nc.us 



Rule Review and Legal Issues ;| 

Rules Re\ lew Commission % ,1 

:;i W30^ Glemvood Ave. Suite 159 
\\ ■; Raleigh. North Carolina 2"605 

\\ contact: Joe DeLuca Jr . Staff Director Counsel 
\\\ T' Bobbv Brsan. Staff Attorney 



C919')"33-2"21 
(919) 735-9415 FAX 



Legislative Process Concerning Rule Making 

Joint Legislati\"e .Admmistraiuc Procedure Oersight Committee 

545 Legislati\e Office Building 

300 North SaUsbur. Street (919) "733-2578 

Raleigh. North Carolina 276 II (919) 715-5460 FAX 



contact Man Shuping, Staff Liaison 



mars s a ms ncea state nc us 



County and Municipality Go\ernment Questions or Notification 

NC .Association of Count} Commissioners 

215 Nonh Dawson Street (919) "15-2893 

Raleigh. Nonh Carolina 2"603 

contact: Jim Blackburn or Rebecca Troutman 



NC League of Municipalities 
2 1 5 North Da%\ son Street 
Raleigh. North Carolina 2"603 

contact: Paula Thomas 



(919) "15-4000 



This publication is primed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 
REGISTER 



IN THIS ISSUE 



) 




Volume 12, Issue 17 
Pages 1606 - 1691 



March 2, 1998 



This issue contains documents officially filed 
through February 9, 1998. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

Bradley Buie, Acting Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



I. EXECUTIVE ORDERS 

Executive Orders 128-129 1606 - 1607 

II. PROPOSED RULES 

Environment and Natural Resources 

Wildlife Resources Commission 1608 - 1610 

Revenue 

Individual Income Tax 1610 

Motor Fuels Tax 1610 

III. TEMPORARY RULES 
Administration 

Purchase and Contract 161 1 - 1616 

Environment and Natural Resources 

Departmental Rules 1617 - 1619 

Health and Human Services 

Governor Morehead School 1616 - 1617 

IV. APPROVED RULES 1620 - 1661 

Agriculture 

Plant Industry 

Veterinary Division 
Commerce 

Community Assistance 
Environment and Natural Resources 

Coastal Management 

Environmental Management 

Health Services 

Soil and Water Conservation Commission 

Water Pollution Control Systems Operators Certification 
Health and Human Services 

Commission for Mental Health, Developmental 
Disabilities and Substance Abuse Services 

Facility Services 
Insurance 

Life and Health Division 
Justice 

Sheriffs' Education and Training Standards Commission 
Labor 

Migrant Housing 
Licensing Boards 

General Contractors 

Medical Examiners 

Nursing Board 
Public Education 

Elementary and Secondary Education 

V. RULES REVIEW COMMISSION 1662 - 1665 

VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1666 - 1676 

Text of Selected Decisions 

96 OS? 1 157 1677 - 1681 

97 DHR 0552 1682 - 1684 

97 OSP 0594 1685 - 1690 

VH. CUMULATIVE INDEX 1-79 



i 



The North Carolina Register is published semi-monthly lor $195 per year by the Office of Admmistrative Heanngs. 424 North Blount Street, Raleigh. 
NC 27601. Application to mail at Penodicals Rates is pending at Raleigh. NC. NC POSTMASTER: Send Address changes to the OAWNorth 
Carolina Register. PO Drawer 27447. Raleigh. NC 27611-7447 



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EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 128 
DESIGNATING THE YEAR OF THE VOLUNTEER 

WHEREAS, North Carolina's volunteers are among 
the state's most valuable assets; and 

WHEREAS, North Carolina's volunteers g^'eatly 
enhance the quality of life for the people of North Carolina, 
especially children and youth; and 

WHEREAS, North Carolina's volunteers merit praise 
for their efforts to address the state's unmet educational, social, 
environmental and public safety needs; and 

WHEREAS, the immense value of connecting 
communities and various groups within communities through 
volunteerism and community service deserves recognition; and 

WHEREAS, partnerships involving businesses, civic 
groups, non-profit organizations, religious organizations and 
governmental agencies are continually needed to meet new and 
ongoing challenges facing communities today; and 

WHEREAS, young people need mentors to offer 
guidance and encouragement and to assist children and youth in 
developing the skills to successful in all walks of life; and 

WHEREAS, increased citizen involvement and a 
greater diversity of volunteers is necessary to solve community 
problems; and 

WHEREAS, it is important that the objectives of the 
Presidents' Summit for America's Future and the Governor's 
Summit on America's Promise and Volunteerism be met. 

NOW, THEREFORE, by the power vested in me as 
Governor by the laws and Constitution of North Carolina, IT 
IS ORDERED: 

1998 is hereby designated as the Year of the 
Volimteer. The Governor's Office of Citizen and Community 
Services and the North Carolina Commission on National and 
Community Service shall be designated to assist communities 
in developing and strengthening volunteer initiatives. 

This Order shall be effective immediately and expire 
on December 3 1 , 1998. 

Done in Greensboro, North Carolina, this 21st day of 
January, 1998. 

EXECUTIVE ORDER NO. 129 

GOVERNOR'S TASK FORCE ON DRIVING WHILE 

IMPAIRED 

WHEREAS, the operation of motor vehicles on our 



highways by persons while impaired constitutes a serious threat 
to the health and safety of our citizens; and 

WHEREAS, a large portion of the fatal accidents on 
our highways are alcohol related; and 

WHEREAS, the Governor's Highway Safety Initiative 
through the "Booze It and Lose It" program has made driving 
while impaired a major area of emphasis; and 

WHEREAS, the State of North Carolina must consider 
strong measures designed to deter and prevent the operation of 
motor vehicles by persons while impaired; 

NOW, THEREFORE, by the power vested in me as 
Governor by the laws and Constitution of North Carolina, IT 
IS ORDERED: 

Section L Establishment. 

The Governor's Task Force on Driving While 
Impaired is reestablished. The Task Force shall be an ad hoc 
committee of the Governor's Highway Safety Commission. 
The Task Force shall be composed of not more than thirty-five 
members appointed by the Governor to serve at the pleasure of 
the Governor. The Governor shall designate one of the 
members as Chair and one as Vice Chair. The members of the 
Governor's Highway Safety Commission shall be ex 
officio, voting members of the Task Force. Additional 
members shall include, but not be limited to representatives of 
law enforcement, the judicial system and the General 
Assembly. 

Section 2^ Meeting s. 

The Task Force shall meet regularly at the call of the 
Chair and may hold special meetings at any time at the call of 
the Chair, or the Governor. The Task Force is authorized to 
conduct public hearings. 

.Section 3. Expenses. 

Members of the Task Force shall be reimbursed for 
such necessary travel and subsistence expenses as are authorized 
by N.C.G.S. 138-5. Funds for reimbursement of such 
expenses shall be made available from funds authorized by the 
Governor's Highway 
Safety Program. 

Section 4^ Duties. 

The Task Force shall have the following duties: 



(a) 



(b) 

(c) 
(d) 



Review the General Statutes of North 
Carolina applicable to driving while 
impaired; 

Review proposals in other states designed to 
deter driving while impaired; 
Consider proposals for North Carolina; 
Recommend actions to reduce driving while 
impaired; and 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1606 



EXECUTIVE ORDERS 



(e) Other such duties as assigned by the Chair or 

the Governor. 

Section 5^ Reports. 

The Task Force shall present an interim repon to the 
Governor no later than May 1 1, 1998 and a final report no later 
than January 10, 1999. The Task Force shall be dissolved 
when its final report is presented to the Governor. 

This Order shall be effective immediately. 

Done in the Capital City of Raleigh, Nonh Carolina, 
this 4th day of February, 1998. 



1607 NORTH CAROLINA REGISTER March 2, 1998 12:17 



PROPOSED RULES 



Tills Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a 
Notice of Rule-making Proceedings. TJie agency must accept comments on the proposed rule for at least 30 days from the 
publication date, or until the public hearing, or a later date if specified in the notice by the agency. Tiie required comment 
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory 
reference: G.S. 150B-21.2. 



TITLE 15 A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 



economic impact of at least five million dollars ($5,000,000) in 
a 12-month period. 



Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Wildlife Resources Commission 
intends to amend rules cited as 15A NCAC lOF .0311, .0317 
and .0327. Notice of Rule-making Proceedings was published 
in the Register on December 1, 1997. 



CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER lOF - MOTORBOATS AND WATER 
SAFETY 



Proposed Effective Date: April 1, 1999 

A Public Hearing will be conducted at 10:00 on March 18, 
1998 at the Archdale Building. Room 332, 512 N. Salisbury 
Street. Raleigh, NC 27603. 

Reason for Proposed Action: 15 NCAC lOF .0311 - The 

Vance Count}' Board of Commissioners initiated the no-wake 
zone pursuant to G.S. 75A-15, to protect public safety in the 
area by restricting vessel speed. The Wildlife Resources 
Commission may adopt this as a temporary rule pursuant to 
S.L. 1997-0403 following the public hearing and public 
comment period as indicated in this notice. 

15 NCAC I OF .0317 - The Stanly County Board of 
Commissioners initiated the no-wake zone pursuant to G. S. 
75A-15, to protect public safety in the area by restricting vessel 
speed. The Wildlife Resources Commission may adopt this as 
a temporary rule pursuant to S.L. 1997-0403 following the 
public hearing and public comment period as indicated in this 
notice. 

15 NCAC lOF .0327 - The Montgomery County Board of 
Commissioners initiated the no-wake zone pursuant to G. S. 
75A-15, to protect public safen,' in the area by restricting vessel 
speed. The Wildlife Resources Commission mcry adopt this as 
a temporary rule pursuant to S.L. 1997-0403 following the 
public hearing and public comment period as indicated in this 
notice. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from March 2, 1998 to April 1, 1998. Such written 
comments must be delivered or mailed to the North Carolina 
Wildlife Resources Commission, 512 N. Salisbury Street, 
Raleigh, NC 27604-1188. 

Fiscal Note: 15 NCAC lOF .0311, .0317 and .0327 do affect 
the expenditures or revenues of local government funds, but do 
not affect state funds. These Rules do not have a substantial 



SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0311 GRANVILLE: VANCE AND WARREN 
COUNTIES 

(trt — Definitions. — In addition to the definitions se t for t h in 
Pa r ag r a p h (b) of Rule .0301 of this Section, the following 
d e finitions shall apply in this Rule : 

Hi Cor p s. Co rp s of Engineers. Uni te d Stat e s Aimy, 

t2-) Rese r v o i r . — John II. Ke rr Reservoi r in G r anville. 

Vance and War r en Counties. 

(a) Regulated Areas. This Rule applies to the following 
waters of John H. Kerr Reservoir in Granville. Vance and 
Warren Counties: 

(1) Kimball Point - Within 50 yards of the shoreline in 
the northernmost cove of the Kimball Point 
Recreation Area located at the western end of SR 
1204 in Warren County. 

(2) Kerr Lake Methodist Campground z Beginning 50 
yards north and ending 50 yards east of the Kerr 
Lake Methodist Campground. 

(3) Lower Mill Creek z Beginning at a point on the 
eastern side of Lower Mill Creek where it intersects 
the North Carolina ; Virginia state line, running 
across the creek with said state line and then running 
in a southerly direction on both the east and west 
sides of the creek to the head waters and including all 
waters of tfie creek south of tlie state line. 

£4J Flat Creek at NC Highway 39 Bridge - Within 50 
yards on either side of the NC Highway 39 Bridge. 

(b) Speed Limit Near Ramps. No person shall operate a 
vessel at greater than no-wake speed within 50 yards of any 
concrete boat launching ramp located on the r ese r voi r in said 
counti e s, reservoir. 

(c) Speed Limit in Mooring Areas. No person shall operate 
a vessel at greater than no-wake speed while within a 
designated mooring area established by or with the approval of 
the US Army Corps of Engineers on the waters of the r e se r voi r 
in said coun t ies, reservoir. 

(d) Speed Limit. No person shall operate a vessel at greater 
than no-wake speed within any regulated area of tlie reservoir 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1608 



PROPOSED RULES 



described in Paragraph (a) of this Rule. 

ftfXe) Restricted Swimming Areas. No person operating or 
responsible for the operation of a vessel shall permit it to enter 
any designated swimming area established by or with the 
approval of the US Army Corps of Engineers on the waters of 
th e r ese r voir m said counties, reservoir. 



(e) S p eed Limit a t Kimball Point. No p e r son shall o p e r ate 
a vessel a t g r ea t e r than no-wake s p eed within 50 ya r ds of the 



shtrr 



th e no r thernmost cove of t h e Kimball Pomt 



7 re nn e in 

Rec r eation A r ea in the r ese r voir, such r ec r eation area being at 
t he wes t e r n e n d of 5R 1204 in Wa rr en Coun t v. 



-shatt 



tf) — S p eed Limi t a t Low e r Mill C r e e k. — No pe r son 
o p e r ate a vessel a t gr e ate r than no-wake s p eed b e ginning at a 
po in t on t he eas t e r n sid e of Lowe r Mill C r eek whe r e it 
in t e r sects the North Carolina - Vi r ginia stal e lin e , running 
across t he c re ek with said state line and th e n r unning in a 
southe r ly di r ec t ion on bo t h t h e eas t and wes t sides of the c r eek 
t o t h e h e ad waters and including all wat e rs of th e c re ek south 
of the sta t e line. 

(g) Speed Limi t a t K e r r Lake M e thodis t Campground. No 
p e r son shall o p e r a t e a vessel at g re at er than no-wake s p eed 
beginning 50 yards nor t h and ending 50 yards eas t of the Ke n- 
Lak e Me t hodis t Cam p g r ound. 

thillj Placement and Maintenance of Markers. The Cor p s 
is designa t ed a suitable agency fo r pla c emen t and main t enance 
o f ma r kers implemen t ing this Rule . — Th e p e r imete r s of 



designat e d swi 



r ked with floa t lines 



Mgnat e q swimming ar e as mus t b e marked witn tioa t ii r 
which, in c o njunc t ion with th e sho re lin e , form completely 
enclos e d a r eas. — In addi t ion, supplementan ' s t andards as se t 
fo rt h in Rule .0301(g)(2) to (7) and ( 9 ) of this Sec t ion shall 
a pp ly. Each of the boards of Commissioners of the above- 
named counties is designated a suitable agency for placement 
and maintenance of markers implementing this Rule for 
regulated areas within their territorial jurisdiction in accordance 
with the Uniform System, subject to the a pproval of tlie US 
Army Corps of Engineers. 

Authority G.S. 75A-3: 75A-15. 

.0317 STANLY COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters and portions of wat er s : waters described as follows: 
(1) tha t p o r tion of Narrows Reservoir (Dadin Lake) 
which lies within th e bounda r ies of Stanly County: 
(Badin Lake): 

t hat p o r tion of Lake Tille r \ ' which lies within the 
boundaries of Stanly County: Tillerv: 
(A) Turner Beach Cove as delineated by 



(2) 



appropriate markers: 
(B) Mountain Creek Cove 
appropriate markers: 



as delineated b^ 



t^i Turn er B e ach Cove on Lake Till e r, ' as delinea t ed by 

a ppr o p ria t e markers. 
(3) Harper Heme Lake - Harper Heme Lake Subdivision 
Cove as delineated by appropriate markers. 
(b) Speed Limit Near Ramps. No person shall operate a 
vessel at greater than no-wake speed within 50 yards of any 



public boat launching ramp while on the waters of a regulated 
area described in Paragraph (a) of this Rule. 

(c) Restricted Swimming Areas. No person operating or 
responsible for the operation of a vessel shall permit it to enter 
any marked public swimming area established with the approval 
of the Executive Director, or his representative, on the waters 
of a regulated area described in Paragraph (a) of this Rule. 

(d) Speed Limit. Limi t in S p ecific Zon e s. No person shall 
operate a vessel at greater than no-v. ake speed within any 50 
ya r ds of the following marked zone located on any regulated 
area described in Paragraph (a) of ihis Rule : Rule. 

Hi Mountain Creek Cove. Lak e Tillery. 

(e) Placement and Maintenance of Markers. The Board of 
Commissioners of Stanly County is hereby designated a suitable 
agency for placement and maintenance of the markers hereby 
au t ho r ized, subject to the a ppr oval of the United States Coast 
Gua r d and th e United States Army Coi p s of Engin ee rs. 
implementing this Rule in accordance with the Uniform 
System. With r egard to ma r king th e r egulated areas described 
in Pa r ag r a p h (a) of this Rule, su pp lemen t an ' standards as s e t 
fo r th in Rule .0301(g)( 1) to (8) of this Section shall apply. 

Authority G.S. 75A-3; 75A-15. 

.0327 MONTGOMERY COUNTY 

(a) Regulated Areas. This Rule applies to the waters and 
portions of waters described as follows: 

(1) Badin Lake. Lake ; Lakeshore Drive Cove as 
delineated by appropriate markers. 

(2) Lake Tillery. 

(A) Woodmn Cove as delineated by appropriate 
markers. 

(B) Carolina Cove as delineated by appropriate 
markers. 

tSl Wood r un Cove. Those wate r s within 50 yards of the 

mou t h of Wood r un Cov e located on Lak e Till er y as 
delin e at e d by a ppr o pr iate ma r ke r s and within 50 
ya r ds of the boa t r am p located at th e h e ad of 
Wood r un Cove. 
f4-)(^ Tuckertown Reservoir. 

t5l Carolina Fo re st Cove. The mouth of Cai - olina Forest 

Cov e located on Lake Tille r y as delin e ated by 
a ppr o pr iate ma r ke r s. 

(b) Speed Limit Near Shore Facilities. No person shall 
operate a vessel at greater than no-wake speed within 50 yards 
of any marked boat launching area, dock, pier, bridge, marina, 
boat storage stmcnjre, or boat service area on the waters of the 
regulated areas described in Paragraph (a) of this Rule. 

(c) Speed Limit. No person shall operate a vessel at greater 
than no-wake speed within any regulated area described in 
Paragraph (a) of this Rule. 

tO(d) Restricted Swimming Areas. No person operating or 
responsible for the operation of a vessel shall permit it to enter 
any marked public swimming area established with the approval 
of the Wildlife Resources Commission on the waters of the 
regulated areas described in Paragraph (a) of this Rule. 

tdl(e) Placement and Maintenance of Markers. The Board 



1609 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



PROPOSED RULES 



of Commissioners of Montgomery County is hereby designated 
a suitable agency for placement and maintenance of the markers 
h e reby autho r ized, subject to the app r oval of th e Unit e d Sta tes 
Coas t Guard and th e Uni t ed S t ates Aiinv Coips of Engin e e r s. 
With regard t o marking the r egulat e d ar e as d e scrib e d in 
Pdiagraph (a) of diis Rule, supplementa r y standa r ds as s e t fo r th 
iu Rule .0301(g)(1) to (8) of this Section shall a pp ly. 
implementing this Rule in accordance with the Unjform 
System. 



.0302. you may call Ms. Slusser at 919-733-4629. 

Fiscal Note: These Rules do not affect the e.xpenditures or 
revenues of slate or local governrneni funds . These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 6 - INDIVIDUAL INCOME 
TAX DIVISION 



Authority G.S. 75A-3; 75A-15. 



TITLE 17 - DEPARTMENT OF REVENUE 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Department of Revenue intends to 
amend nde cited as 17NCAC 6B .3204 and to repeal 1 7 NCAC 
9L .0302. 

Proposed Effective Date: August 1, 1998 

Instructions on How to Demand a Public Hearing: TTie 
Department ofRe\'enue is not subject to the notice and hearing 
requirements of the APA. Nevertheless, the Department 
publishes notice of proposed text in the Register and will hold 
a public hearing if there is sufficient interest in a public 
hearing. The Department does this because it believes that 
notice and hearing sene good public policy. A request for a 
public hearing for Rule 17 NCAC 6B .3204 must be in writing 
and be submitted to Mr. Sam McEwen, Personal Taxes Division 
at P.O. Box 871. Raleigh. NC 27602, by March 16, 1998. A 
request for a public hearing for Ride 1 7 NCAC 9L .0302 must 
be in writing and be submitted to Ms. Jan Slusser, Motor Fuel 
TaxDi\ision, P.O. Box 871, Raleigh, NC 27602. by March 16. 
1998. Notice of any public hearing scheduled on this proposed 
rule change will be published in the Register. 

Reason for Proposed Action: 17 NCAC 6B .3204 - The 

federal income tax negligence penalty has changed and is now 
an acmracy penalty rather than a 5 percent negligence penally. 
This rule is amended to reflect the change in the federal law. 
17 NCAC 9L .0302 - Effective July 1, 1998, federal law will 
tax kerosene in accordance with the procedure now used for 
clear diesel. When this occurs, clear kerosene will be taxed by 
the State as a motor fuel rather than an alternative fuel. 

Comment Procedures: Written comments for 17 NCAC 6B 
.3204 may be submitted to Mr. Sam McEwen at North Carolina 
Department of Revenue, Personal Taxes Division, P.O. Box 
871, Raleigh, NC 27602. Written comments for 1 7 NCAC 9L 
.0302 may be submitted to Ms. Jan Slusser, at NC Department 
ofRe\'enue, Motor Fuels Tax Division, P.O. Box 871. Raleigh. 
NC 27602. Comments received will be taken into consideration 
in adopting the permanent rule. If you have questions 
regarding 17 NCAC 6B .3204. you may call Mr. McEwen at 
919-733-3565. If you have questions regarding 17 NCAC 9L 



SUBCHAPTER 6B - INDIVIDUAL INCOME TAX 

SECTION .3200 - PENALTIES: INDIVIDUAL 
INCOME TAX 

.3204 NEGLIGENCE PENALTIES 

fa^ When the 5 per cent negligence federal accuracy penalty 
has been assessed for federal income tax pu rp oses, purposes 
under Section 6662 of the Internal Revenue Code, the 10 
percent negligence penalty will be assessed for state income tax 
purposes unless the 25 percent negligence penalty applies. 

(b) — A negligence p enalty cannot be assessed when the f r aud 
penal t y has been assessed with r es pe ct t o th e same deficiency. 
There is no minimum dollar amount of negligence penalty. 8n 
combin e d r e mms th e n e gligence p enal t y will be assessed based 
on th e addi t ional tax due on t he s p ouse's r etu r n to which th e 
negligence p enalty is being a pp lied afte r being offset by any 
ove rp aymen t due to t he othe r s p ous e . 

Authority G.S. 105-236(5): 105-236(6): 105-262. 

CHAPTER 9 MOTOR FUELS TAX DIVISION 

SUBCHAPTER 9L - ALTERNATIVE FUEL 

SECTION .0300 - TAX AND LIABILITY 

.0302 UNBLENDED KEROSENE AS 
ALTERNATIVE FUEL 

Unbl e nd e d k er osen e is an alt er native fuel. 



Authority- G.S. 105-262: 105-449.130. 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1610 



TEMPORARY RULES 



Die Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-21 .1(e). publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 1 - DEPARTMENT OF ADMINISTRATION 

Rule-making Agency: Department of Administration 

Rule Citation: / NCAC 5B .0301 - .0302. .0310. .0316. 
.0401. .0801 - .0802. .1301. .1519, .1604, .1906 

Effective Date: February 15, 1998 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 143-52: 143-53(a) 

Reason for Proposed Action: Session Law 1997-412 amended 
State procurement laws, increasing benchmarks for universities 
and State agencies, and also mandated the Secretary of 
Administration to make ndes in certain areas of procurement 
as a result of the benchmark changes. These include 
advertising of solicitations handled by the Division of Purchase 
& Contract, universities and State agencies as well as contract 
language consistency and protest procedures. Tliese rule 
changes clarify the process for all State procurement, which 
was altered significantly by S.L. 1997-412. 

Comment Procedures: Any person interested in making 
written or verbal comment to these temporary ndes should 
submit such comment to R. Glen Peterson, General Counsel. 
N.C. Department of Administration. 116 West Jones Street, 
Raleigh. NC 27603-8003; telephone: (919) 733-7232: fax: 
(919) 733-9571: e-mail: glen _peterson@mail. doa. state. nc. us 

CHAPTER 5 - PURCHASE AND CONTRACT 

SUBCHAPTER 5B - PURCHASE PROCEDURES 

SECTION .0300 - PROCUREMENT 
AUTHORIZATION AND PROCEDURES 

.0301 CONTRACTING REQUIREMENTS 

(a) Whe r e t h e total r equi r ements fo r any giv e n commodity 
o r se r vice involve an ex p end i tu r e m excess of th e e xp e nditu re 
benchmark es t ablished unde r the pr ovisions of G.S. 143-53. 1. 
and whe r e competition is solici te d, scaled offe r s shall be 
solici t ed by di r ect mailing. Rul e s applying to s er vic e contracts 
do no t a pp ly to local school administrative units o r community 
colleges. 

rtr) — In addition to Parag r aph (a) of this Rul e , fo r th e 
pro cu re ment of equi p men t , mate r ials, and su pp lies, scaled 
offe r s shall b e solicited by this Division by direct mail and by 
advertisemen t in a n e ws p a per of sta t ewide circulation or by 
elect ro nic media when deemed mo r e advan t ageous fo r ce r tain 



items o r commodities at leas t 10 days p r ior to the dat e 

d e signat e d fo r o pe ning of the bids. 
td — In addition to Paragra p h (a) of this Rule, for the 

pr ocu re men t of se r vices, the following shall a p ply: 

Hi Th e Final decision-maki n g autho r ity in r egard t o any 

p hase of procuremen t o r p erfonnance of any service 
cont r act is with the SPG. — In addition to sci - vic e 
cont r acts delegated u n de r Rul e s .0401 and .1301 of 
this Subcha p t er , the SPG may delegate agencies t h e 
autho r ity — to — handle — the — solicitation — p has e — for 
con tr acts ove r the benchma r k es t ablished unde r G.S. 



143-53.1. 



-shaH 



t?1 Fo r each se r vice con tr ac t , the using agency 

pr e p are a task d e scri p tion of the se r vices and desi r ed 
re sults. Fo r statewide o r multiagcncy term contracts 
this Division will establish the task description of 
services and desir e d re sults. Task desc r i p tions shall 
con t ain all of the following : 

tAi the date(s) of s er vice (The cont r act shall no t 

be — for — mo r e — than th r ee y e ars — including 
e xt e nsions and re n e wals, without the p r ior 
a ppr oval of the SPG.); 



(&) detailed s pe cificati 



ty p e and level of 



taiiea s p eciiications o r 

wo r k r equi r ed: 

(€) what the Stat e will fu r nish; 

(Bi what the con tr acto r will fu r nish: 

t&) the method, schedule, and p rocedu r es for 

billing and payments: 
i¥i other terms and condi t ions, s p ecifications o r 

pr ocedu r es bearing on the conduct of the 

work. 

(31 Upon completion of the task desc r i p tion and desi r ed 

re sults. — com p eti t ion — shaH — be — solicited. — where 
available, utilizing a RFP o r IFD. which shall 
contain the t ask d e scri pt ion and d e si r ed r esults, and 
specify o r pr ovide fo r all of the following : 
tAl — th e laws of No r th Carolina shall gove r n the 

cont r ac t : 
(fil the cont r act 



shall — be cancelable — u p on — a 
s p ecified w r it t en notice a t any time by t he 
State for unsatisfacto r y performance or fo r the 
convenienc e of the S t a t e: 

(€1 pr ovide — for — the — o p tion — to — re qui re — a 

performance bond o r o t he r sui t able m e ans of 
ensuing faithful p e r formance when deem e d by 
the State t o be necessa r y : 

t^l that the con tr ac t is ente r ed into in com p liance 

with State and Fede r al an t i tr ust laws ; 

(E) t he cont r ac t o i — shaH — furnish all worke r 's 

compensation, liabili t y insurance, and o t h er 
insu r ance as may be r equired to pr ot ec t 



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12:17 



TEMPORARY RULES 



> 



himself and t he Sta t e from claims which may 
arise ; 

paymen t schedule : 
price adjus t ment provisions, if any : 
fff) id e n t ify the agency liaison p e r sonnel and any 






other agency resou r ces that wil 
the con t racto r : 
(t) t he c r ite r ia for evaluation: 



be available to 



(* 



1 recprcst — a- 

qualifications ajid ref ere nc e s 



d e sc r i p tion — of — the — offe r o r 's 



I 



tj^ — have t he cos t of t he se r vice brok e n down by 
com p onents : 

ffci have — the — offeroi — id e n t ify — the — pr o p osed 

me t hodology fo r accomplishing the work (if 
no t fu r nished in the RFP). 
An exce p tion to Parag r a p h (c) of t his Rule is whe r e an 
emergency condition exists. 

(4^ Aft er o p ening, and com p le t ion of the evalua t ion, the 

using ag e ncy shall pr e p are a writ t en recommendation 
fo r award, and if ove r the benchmark established 
unde r G.S. 143-53.1. shall submit a co p y of all 
off er s r eceived and thei r recommendation t o this 
Division fo r award of con tr act or o t he i — action 
deemed — n e c e ssaiy — by — tlrc — SP6 — (Examples: 

cancella t ion, negotiation, etc.). Notice of the 

Division's decision shall be sen t to the using ag e ncy. 
Except where a waiver, special delegation, exemption, or an 
emergency purchase is permitted by Rule, all purchases 
involving the expenditure of public funds made by universities 
and other agencies for commodities, services and printing, not 
covered by statewide term contracts, shall comply with the 
following delegations and procedures: 

(1) Small Purchases: A small purchase is defined as the 
purchase of commodities, services or printing, not 
covered by a term contract, involving an expenditure 
of public funds of five thousand dollars ($5.000) or 
less. The executive officer or his designee, of each 
agency shall set forth, in writing, purchasing 
procedures for making small purchases. The 
awarding of contracts for small purchases shall be the 
responsibility of the using agency. The SPO may 
require a copy of the small purchase procedures be 
sent to the Division of Purchase and Contract. 

(2) Purchases Governed by General Delegation or 
Statute: 

(a) For purchases made by a university or agency 
involving an expenditure of public funds over 
five thousand dollars ($5.000). up to the 
benchmark established for a university under 
the provisions of G.S. 1 16-31.10. and ug to 
the general delegation limit for agencies 
established by the SPO under the provisions of 
G.S. 143-53(a)(2): 
(il Competition shall be solicited: 
(ii) Solicitation documents requesting or 

inviting offers shall be issued: 
(iii) Solicitation documents shall include 



13] 



standard language, including tenns and 
conditions issued by the Division of 
Purchase and Contract, unless prior 
written approval is obtained from the 
Division. If additional terms and 
conditions are used, they shall not 
conflict with Division's standard terms 
and conditions, unless prior written 
approval is obtained from the Division: 
and 
(iv) Mailing lists, if still maintained by the 
Division of Purchase and Contract, may 
be requested and used in addition to 
mailing lists maintained by the 
university or agency for the purpose of 
soliciting competition. 

(b) In addition, agencies and universities shall 
advertise their solicitations through the 
Division of Purchase and Contract, effective 
September E, 1998. for the following 
purchases: 

£ij Agencies: For purchases involving an 

expenditure of public funds exceeding 

ten thousand dollars ($10.000). up to 

the general delegation limit for an 

agency established by the SPO under 

the provisions of G.S. 143-53(a)(2): 

(ii) Universities: For purchases involving 

an expenditure of public funds 

exceeding twenty five thousand dollars 

($25.000). up to the benchmark 

established for a university under the 

provisions of G.S. 116-31.10. 

Agencies and universities may advertise 

sooner than the effective date and may also 

advertise solicitations on smaller dollar 

purchases through the Division of Purchase 

and Contract. 

(c) The awarding of contracts under the statutory 
limit for universities and the general 
delegation for all other agencies, shall be the 
responsibility of the using agency. 

Competitive Bidding Procedure: Where the total 
requirements for commodities, services or printing 
jobs involve an expendimre of public funds in excess 
of the expenditure benchmark established under the 
provisions of G.S. 1 16-31.10 or the general 
delegations established by the SPO under the 
provisions of G.S. 143-53(a)(2). the competitive 
bidding procedure as defined in G.S. 143-52 shall be 
utilized as follows: 

(a) Sealed offers for commodities and printing 
shall be solicited by the Division of Purchase 
and Contract via advertisement: 

(b) For service contracts, the SPO delegates to the 
universities and other agencies the authority to 
solicit sealed offers for their university/agency 



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1612 



TEMPORARY RULES 



(4J 



m 



m accordance mth the rules established for 
Subitems (2)(a) and (b) of this Rule. After 
opening and completing the evaluation of 
offers recei\ed. the agenc\- shall prepare a 
written recommendation for award, and if 
o\er the benchmark established under G.S. 
1 16-31.10 or tlie general delegations 
established b^; the SPO. shall submit a cop\' of 
all offers received and their recommendation 
of award or other action to tlie Division of 
Purchase and Contract for approval or other 
action deemed necessary by the SPO 
(Examples: cancellation, negotiation, etc.). 
Notice of tlie Division of Purchase and 
Contract's decision shall be sent to the agency. 
The awarding of contracts for ser\'ices shall be 
the responsibility of tlie using agency. 

(c) Sealed offers for statewide term contracts for 
commodities, printing and sen'ices shall be 
solicited by the Division of Purchase and 
Contract via advenisement. 

For each service contract handled bv the agency, the 

agency shall prepare a task description of the services 

and desired results. Task descriptions shall contain 

ali of tlie following: 

(a) The date(s) of service (The contract shall not 
be for more than three years including 
extensions and renewals, without the prior 
appro\aJ of the SPO.): 

fb) Detailed specifications or type and level of 
work required: 

(c) What the State shall furnish: 

(d) What the contractor shall furnish: 

(e) The method, schedule, and procedures for 
billing and pa\ments: and 

(f) Other subject matters bearing on the conduct 
of the work. 

Rules apphing to service and printing contracts do 
not apply to local school administrative units or 
community colleges. 



Histon Note: Aulhonn- G.S. 143-49: 143-52; 143-53: 143- 

53.1;' 

Eff. February 1. 1976: 

Readopted Ejf. Febniar.- 27. 1979: 

Amended Ejf. February 1. 1996: Januar.- 1. 1985; 

Temporarx Amendmetv. Eff. February 15. 1998. 

.0302 MAILEVG LISTS 

(a) The Division of Pu r chas e and Cont r act shall main t ain 



mailing lis t s fo r the 



iiiing lis t s tor the p u rp ose ot SQiiciting otte r s on various 
ca t ego r ies of commodities and sendees. — ■'\ foiiii shall be 
available u p on r equest as an a pp lication to b e included on an 
appropria te lis t . 

(b) Compani e s may b e add e d to o r r em o ved f r om th e se lists 
after — taking — mtt) — consid er ation — Financial — standing — and 
r es p onsibility, — facilities — for — pr oduc t ion. — dist r ibution — and 



se r vices. — length — of — frmc — successfully — m — busin e ss, 
r es p onsi% ' eness. pcrfoniiancc as a su pp lier, the need for 
competition, the budgeted amounts fo r maintaining the lists and 
fo r du p licating and mailing and othe r such factors as may be 
p e r tinent and r easonable. — Only companies res p onsive to 
solicita t ions shall be r etain e d on mailing lists. 

tci — VV ' hen i t is not e conomically feasible o r othe r wise 
pr acticable to us e the enti r e mailing lis t , the Division may use 
th o se companies who may reasonably and pr actically b e 
e x pe ct e d to r e p ly. 

History Note: Authority G.S. 143-49; 143-52; 
Eff. February 1. 1976; 
Readopted Eff. February 27, 1979; 
Amended Eff. February 1. 1996; 
Temporary Repeal Eff. February 15. 1998. 

.0310 NOTinCATION OF AWARD 

If a solicitation is required to be advenised through the 
Division of Purchase and Contract, then notice of the resulting 
contract award shall be posted via the Division of Purchase and 
Contract's home page by the agency issuing the solicitation 
document in accordance with Rule .0316 of this Section. In 
addition. Af t e r after contracts are awarded, successful 
companies and ag e nci e s shall be notified in writing or 
elect r onically, electronically by the agency issuing the 
solicitation document. 

History Note: Authority G.S. 143-49; 143-52; 143-53; 

Eff. February 1. 1976; 

Readopted Eff. February 27. 1979; 

.Amended Eff. February 1. 1996; May 1. 1988; July 1. 1987; 

Temporarx Amendment Eff. Februarx 15. 1998. 

.0316 ADVERTISEMENT REQUIREMENTS 

(a) Unless already required by statute, effective September 
L, 1998 all advertisements required by Rule shall be through 
the Division of I\irchase and Contract via the Division's home 
page on the internet. If advertisement is required by Rule, the 
solicitation shall be advertised at least once and at least 10 days 
prior to the date designated for opening. This Rule does not 
pre\ent solicitation of offers by additional direct mailings or 
additional ad\ertisement by an agencv. 

(b> -Agencies required by Rule to ad\ertise their solicitations 
shall electronicallv transmit the required data directly to the 
Di\'ision's home page. The required data shall include, the 
complete solicitation document (specifications, requirements, 
terms and conditions, etc), with agenc\' name, buyer name, 
phone number and address for accessing hard copies of the 
solicitation, solicitation identification number, title la short 
description of the commodity', service or printing requirement), 
and the opening date, time and place. If the solicitation 
requires potential offerors to attend a mandators' conference or 
mandator,' site visit, this information shall also be furnished 
with the advertisement, to include date and time, location, and 
contact person and phone number. 

(c) Within three agency working days from award of 



1613 



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12:17 



TEMPORARY RULES 



contract that has been advertised through the Division, agencies 
shall be required to electronically transmit an award notice 
directly to the Division's home page on the internet. The 
award notice shall be posted for at least 30 consecutive calendar 
days. This award notice shall identify the contract and award 
information. 

(d) The exact format and instructions for submitting the 
advertisement, summary notice, and award notice will be 
furnished to all agencies by the Division. 

(e) Exceptions to this Rule are as follows: 

(1) When it is deemed by the agency's executive officer 
or his designee that there is a valid reason for the 
agency not to transmit the advertisement or award 
notice electronically, that agency may submit the data 
to tlie Division, so the Division may transmit k 
electronically: or. the agency may place the 
advertisement (excluding the complete solicitation 
document) via newspaper. If advertised via 
newspaper, the agency which issued the solicitation 
document shall be responsible for the advertisement 
and the award notice shall not be required . Some 
valid reasons include computer equipment failure or 
networking difficulties, or insufficient copies of 
samples for a printing job. 

(2) If there is an attachment to a solicitation that the 
agency determines will not be electronically 
transmitted, then the solicitation document, when 
electronically transmitted, shall include instructions 
to contact the agency which issued the solicitation to 
obtain the attachment. 

(3) If an agency determines that it is not feasible to 
electronically transmit a particular solicitation 
document through the Division's home page, then 
the agency shall electronically transmit a summary 
notice, the same way as if they had electronically 
transmitted the solicitation document, which will 
instruct someone inquiring on tlig Division's home 
page about the solicitation, to contact the agency for 
a hard copy. 

History Note: Authority G.S. 143-52; 143-53; 
Temporary Adoption Eff. February 15. 1998. 

SECTION .0400 - INFORMAL PROPOSALS 
(QUOTATION) PROCEDURE 

.0401 GENERAL DELEGATION 

ftt^ — In maki n g p u r chases of commod iti es and se r vices no t 



Gene r al — Delega t ion, which cove r s ex p enditu re s ov er two 
thousand — ftvc — hu n d r ed — dolla r s — (S2.500) — btrt — nrrder — the 
ex p enditu re b e nchma r k, shall be acqui r ed as follows: 

Hi Com p c ' .i t ion must be solicited, whe r e available: and 



(^ 



All p u r chase t r ansactions shall be documented. This 
includ e s a re co r d of all quo t es r eceived, w r itten and 



vc 



r bal. and w ri tten 



quote. 



w ri tten re ason fo r awa r d to othe r than 
W r itten — r easons — for — warvei — and 



e me r g e ncy pu r chases shall also b e made a matte r of 
r eco r d: and 



riod of 



t^j All p u r chasing files mus t b e r etained fo r a p en 

five yea r s afte r ex p i r ation. — This includ e s p u r chas e 
orders (term contract and non-term cont r ac t ), quotes 
(verbal — and — w r itten). — waive r s. — and — emergency 
p u r chases. — All sup p orting documenta t ion mus t b e 
kept — in — the — frlc — dtrrrng — tlrts — r eten t ion — p e r iod 



( Exam p l e 



-aH — quotes — r eceived. — re ason — for 



tam p ics : 

cont r acting with othe r than low quo t e o r with sole 
sou r ce(s). is a waive r o r an eme r gency p u r chase, 
co p y of p u r chase order and any co rr es p ond e nce): and 

Hi In addi t ion, fo r p u r chases ove r five thousand dollars 

($5.000) — bttt — strH — less — than — the — ex p enditu r e 
benchmark, agencies shall do the following : 

tA) Agencies are r equi r ed to issu e their own 

solicitation documen t s. This shall also ap p ly 
to a waiver o r eme r gency p u r chase, if time 
p e rmits, and 
fB^ — The — solici t ation — docum e nts — sent — otrt — by 
agencies shall include t erms and conditions 
a pp licable to the r equi r emen t . 
td — Awarding of con tr acts unde r the gene r al delegation of 
this Sec t ion shall be the r esponsibility of the ag e ncy's e xecutiv e 
office r . 

(d) Additional r ules ap p lying to se r vice cont r acts are in Rule 
.0301 of t his Subcha p te r . 

History Note: Authority G.S. 143-52; 143-53; 143-53.1; 

Eff. February 1, 1976; 

ReadoptedEff. February 27. 1979; 

Amended Eff. February 1, 1996; January 1, 1985; 

Temporary Repeal Eff. Februar\ 15. 1998. 

SECTION .0800 - PRINTING 



.0801 GENERAL POLICY 

The Division of Pu r chase and Con tr act shall make p r ovisions 
for o r cont r acts fo r the printing r equi r emen t s of, all agencies, 
with the exce pt ion of community colleges a n d local school 



covered by state t erm contiac t s and estima te d t o be l e ss than th e adminis tr ative units, eithe r through th e use of a pp licable sta t e 

facili t i e s, d e l e ga t ion, waive r , o r by seeking com p e t ition in the 
o p en marke t . 



ex p enditu r e benchmark establish e d unde r the pr ovisions of G.S. 
143-53.1, th e SPG may autho r ize agencies unde r a gene r al 



delegation t o make those p u r chases. — Rul e s for pr in t ing 
r equi r ements a r e cove r ed by Section .0800 of t his Subcha p te r . 
Rules a p plying to se r vice cont r acts do not apply to local school 
administ r a t iv e uni t s o r community colleges. 

(b) — Small purchas e s ar e gov e rn e d by Rul e .1301 of this 
Subchap t e r . Pu r chases of commodities and se r vic e s und er th e 



History Note; Authority G.S. 143-49; 143-53; 
Eff. February 1. 1976; 
ReadoptedEff. February 27, 1979; 
Amended Eff. February 1, 1996; 
Temporary Repeal Eff. February 15. 1998. 



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1614 



TEMPORARY RULES 



.0802 PROCEDURE 

(a) The dollar limits fo r handling cont r acts for p r inting shall 
be as follows : 

(4-) Gene r al State government agencies and de p artments 

may handle p rinting cont r acts u p to five hund r ed 

dolla r s <S500) p e r job. 
(5^ The universities and institutions may handle printing 

con tr acts u p to ten thousand dolla r s (SIO.OOO) p e r 

job. 
(3^ All pr in t ing cont r acts over dncs e dolla r limits shall be 

handled by the Division of Pu r chas e and Cont r act. 

(b) All pr inting con t rac t s over five hund r ed dollars (5500) 
which canno t be sa t isfied by the De p a rt ment of Corr e ction in 
acco r dance wi t h G.S. 148-70. shall b e handled as follows : 

("H Competition mus t b e solicited, whe r e available; and 

(5^ All purchase transac t ions shall b e documented. This 

includes a r eco r d of all quotes r eceived, w r itten and 
ve r bal, and w r itten r eason fo r awa r d to oth er than 

krw — quote. W r itt e n — re asons — for — waive r — and 

e m er g e ncy p u r chases shall also be made a matte r of 
reco r d : and 

(3^ All p u r chasing files mus t be r etained fo r a p e r iod of 

five yea r s afte r ex p i r ation. — This includ e s pu r chase 



of this Subcha p te r . Rules applying to pr inting contracts do not 
a pp ly to local school administ r ative units or community 
colleges. Th e Executive Office r of each agency shall set foith. 
in writing, p u r chasing pr ocedu r es fo r making small purchases. 
Awa r ding of cont r acts fo r small p u r chases shall be the 
r esponsibility of the agency's e xecutive office r . The SPO may 
r equi re a co p y of the small p u r chase pr ocedu r es be sent to th e 
Division of Pu r chase and Contract. 



History Note: Authority G.S. 143-53; 
Eff. February 1, 1976; 
Readopted Eff. February 27, 1979; 
Amended Eff . February 1, 1996; 
Temporary Repeal Eff. February 15. 1998. 

SECTION .1500 - MISCELLANEOUS 
PROVISIONS 

.1519 PROTEST PROCEDURES 

A p arty wanting to p r o t es t a cont r act award handled by the 
Division of Pu r chase and Cont r act must submit a w r itt e n 
r eques t fo r a p ro t est meeting to the SPO which mus t be 
r eceived in the Division of Pu r chase and Cont r act within 30 



orde r s, quotes (v er bal and w r itten), waive r s, and cons e cutive cal e ndar days f r om the da te of the protested 



eme r gency p u r chases. All supporting documentation 
must b e kept in th e fil e du r ing t his r etention p e r iod 



(Exam p le 



t4i 



■tcsi ati — quo t es — r eceived. — r eason — tot 

con tr acting wi t h oth e r than low quot e or with sole 

sou r ce(s), is a waive r o r an eme r gency p u r chase r 

co p y of p u r chas e o r de r and any corr e spond e nc e ): and 

In addition, for p rinting cont r acts ove r five thousand l e tt er . — If not, the SPO will schedule a meeting with the 

dolla r s ($ 5 ,000) bu t still within the limits s p ecified 



cont r act award. 1 nis lette r must contain s p ecific sound r easons 
and any su pp orting docum e ntation for why the party is 
p rotesting the award o r the pr otes t will be pr om p tly r eject e d. 
If the SPO can r end er a d e cision bas e d on th e facts without a 
me e ting, a w r itten r es p onse with a decision will be r ende r ed 
within 10 consecutive calendar days of th e r e ceip t of th e pr ot e s t 

rr — If not, the SPO wil 
pr otesting p arty to hea r thei r com p laint. This meeting will be 
in Paragra p h (a) of this Rul e , th e s e guidelines shall held wi t hin 30 consecutive calendar days afte r r ecei pt of the 
be followed : w r itt e n pr otest. The SPO will r es p ond to t h e p r ot e s t ing party 

documents shall be issued. — This in writing with a decision within 30 consecutiv e calendar days 

f r om the dat e of t he pr otest meeting. All decisions of the SPO 
shall b e the final administ r a t ive r eview. 

(a) To insure fairness to all offerors and to promote open 
competition, agencies and the Division of Purchase and 
Contract shall actively follow-up and be consistent in 
responding to an offeror's protest over contract awards. 

(b) This Rule applies only to contracts with an actual or 
estimated dollar value over ten thousand dollars (SIO.OOO). h 
is recommended that agencies establish procedures to handle an 
offeror's concerns for contracts with less dollar value. 

(c) When an offeror wants to protest a contract awarded by 
an agency over ten thousand dollars (SIO.OOO). the agency and 
the offeror shall comply with the following: 

(1) The offeror shall submit a written request for a 
protest meeting to the agency's executive officer 
which shall be received by the agency's executive 
officer's office within 30 consecutive calendar days 
from the date of the contract award. The executive 
officer shall furnish a copy of this letter to the SPO 
within 5 consecutive calendar days of receipt. The 
offeror's letter shall contain specific sound reasons 
and any supporting documentation for why they have 



tA) Solicitation documents shall be issued. — This 

shall also a pp ly to a waiv e r o r eme r gency 
p u r chase, if time permits, ajid 
(ftl — Th e solicitation docum e nts sen t out shall 
include t e nns and conditions a p plicabl e to the 
r equi r ement, 
(c) TTie award of cont r acts within the dollar limits s p ecified 
in Sub p a r ag r a p hs (a)(1) and (2) of this Rule shall be the 
r es p onsibility of the agency's e x e cutiv e offic er . 

History Note: Authority G.S. 143-49; 143-53; 

Eff. Febman,' 1. 1976; 

Readopted Eff. February 27. 1979; 

Amended Eff. February f 1996: January 1. 1985: 

Temporal,- Repeal Eff. February 15. 1998. 

SECTION .1300 - SMALL PURCHASES 

.1301 PROCEDURES 

A small p urchase is defined as the p u r chas e of commodities 
o r se r vices, not cove r ed by a term cont r act, and th e e x pe nditu re 
IS fo r two thousand five hund re d dolla r s (S2.500) o r less. 
Rules fo r pr inting r equi r ements a r e cove r ed by Section .0800 



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12:17 



TEMPORARY RULES 



a concern with the award. If the letter does not 
contain this information, or if the executive officer 
determines that a meeting would serve no purpose, 
then he may, within 10 consecutive calendar days 
from the date of receipt of the letter, respond in 
writing to the offeror and refuse the protest meeting 
request. A copy of the executive officer's letter shall 
be forwarded to the SPO. 

(2) If the protest meeting is granted, the executive 
officer shall attempt to schedule the meeting within 
30 consecutive calendar days after receipt of the 
letter, or as soon as possible thereafter. Within 10 
consecutive calendar days from the date of tlie protest 
meeting, the executive officer shall respond to the 
offeror in writing with his decision. A copy of the 
executive officer's letter shall be forwarded to the 
SPO. 

(3) The agency shall notify the SPO. in writing, of any 
further administrative or judicial review of the 
contract award. 

(4) The executive officer may appoint a designee to act 
on his behalf under this Rule. 

(d> When an offeror wants to protest a contract awarded by 
the Secretary over ten thousand dollars ($10.000). the SPO and 
the offeror shall comply with the following: 

(1) The offeror shall submit a written request for a 
protest meeting to the SPO which shall be received 
by the Division within 30 consecutive calendar days 
from the date of the contract award. The offeror's 
letter shall contain specific sound reasons and any 
supporting documentation for why they have a 
concern with the award. If the letter does not contain 
this information, or if the SPO determines that a 
meeting would serve no purpose, then he may, 
within 10 consecutive calendar days from the date of 
receipt of the letter, respond in writing to the offeror 
and refuse the protest meeting request. 
(2} If the protest meeting is granted, the SPO shall 
attempt to schedule the meeting within 30 
consecutive calendar days after receipt of the letter. 
or as soon as possible thereafter. Within 10 
consecutive calendar days from the date of the protest 
meeting, the SPO shall respond to tlie offeror in 
writing with his decision. 

History Note: Authority G.S. 143-53; I50B-2; 150B-22; 

150B-23: 

EJf. February 1, 1996: 

Temporary Amendment Eff. February 15. 1998. 

SECTION .1600 - EXEMPTIONS, EMERGENCIES 
AND SPECIAL DELEGATIONS 

.1604 GENERAL DELEGATIONS 

The general purchasing delegation for agencies (except the 
universities) shall be not more than ten thousand dollars 
($10.000). The SPO may lower or raise this general delegation 



for a specific agency, up to Lhe amount established by G.S. 
143-53.1. after consultation with the State Budget Officer and 
the State Auditor for State agencies, and upon consideration of 
the agency's (except the universities) overall capabilities, 
including staff resources, organizational structure, training, 
purchasing compliance reviews, electronic communication 
capabilities, and audit reports. If an agency wishes to obtain an 
increase in their general delegation, they shall submit a request 
in writing, outlining their overall capabilities, to tlie SPO for 
his consideration. 

History Note: Authority G.S. 143-53: 
Temporary Adoption Eff. February 15. 1998. 

SECTION .1900 - RECORDS OF THE 
DIVISION OF PURCHASE AND CONTRACT 

.1906 APPLICATIONS FOR ADDITION 
TO MAILING LIST 

Applications fo r inclusion on mailing lists are ret ain e d fo r 
two years. 

History Note: Authority G.S. 143B-10(f); 
Eff. February 1. 1976: 
Readopted Eff. Febmary 27. 1979; 
Amended Eff. February 1, 1996: 
Temporary Repeal Eff. February 15. 1998. 



TITLE 10 - DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 



Rule-making Agency: 

Human Serxices 



Secretary of Department of Health and 



Rule Citation: 10 NCAC 21B .01 17 

Effective Date: March 9. 1998 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 143-116.7 

Reason for Proposed Action: On November 6, 1997, Fire 
Inspector conducted an inspection of the streets on The 
Governor Morehead School Campus. Several fire safety 
hazards and/or violations of the local/state codes were noted. 
An Order To Comply was issued requiring GMS to correct these 
infractions as soon as possible. Failure to comply with the 
order may render the state liable to the penalties provided by 
law for these violations. More importantly, these violations 
could jeopardize the safety and welfare of students and staff on 
the GMS Campus. 

Comment Procedures: Any interested persons may present 
written comments to Patricia D. Purser, Division of Serxices 
for the Blind, 309 Ashe Avenue, Raleigh, NC 27606. 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1616 



TEMPOKARY RULES 



CH.\PTER 21 - THE GOVERNOR MOREHEAD 
SCHOOL 

SL^BCHAPTER 21B - CAMPUS REGLXATIONS 

SECTION .0100 - ABSENCES FROM CAMPUS 

.01 17 THE GOVERNOR MOREHEAD SCHOOL 
CAMPUS PARKING 

Parking on The Go\emor Morehead School Campus shall be 
in conformity with the following requirements: 

(1) Vehicles shall be parked onl\- in designated parking 
spaces. Parkmg spaces are defined by painted lines 
in the surfaced areas and by wheel-stops in non- 
surfaced areas. 

(2) No parking is allowed on any streets. 

(3) No stopping to load or unload is allowed on anv 
streets. 

(4) Signs shall be erected in specific areas indicating No 
Parking and Tow-away Zones. 

(5) The school may ha\'e remo\ed to a place of storage. 
at the owner's expense. an\' unattended vehicle 
illegalh' parked in a designated tow-awa\' zone. 

(6) No parking is allowed in any manner that would 
block or prohibit access to a designated crosswalk. 

Hisron- Note: Auihoniy G.S. 143-116.7; 
Temporan Adoption Eff. March £. 1998. 



TITLE 15A - DEPARTMENT OF EN"V IRON^IENT 
AND NATLHAL RESOURCES 

Rule-making Agency: Department of Environment and 
Natural Resources 

Rule Citation: 15A .VC4C OlO .0101 - .0109 

Effective Date: March 1. 1998 

Findings Reviewed and Approved by: Beecher R. Grax 

Authority for the rule-making: G.S. 130A-4 

Reason for Proposed Action: Tliese Rules \\ere originally 
adopted by the Conunission for Health Senices (November 14. 
1997). The NC .-Rules Revie^v Commission found that the 
Commission for Health Senices did not hare statutory 
authority to adopt the rules. In addition, the RRC has 
indicated that they intend to invalidate the current ndes 
codified as 15.4 NCAC 18A .2300 at the Febmary meeting of 
the RRC. Because there must be rules in effect to be used to 
determine who is delegated authority to enforce ndes of the 
Conunission for Health Senices. it is essential that these Rules 
be adopted as temporary ndes. Without these Rules, there will 
not be any defendable or rational basis for granting or denying 



delegations to local health depanment environmental health 
specialists to enforce CHS ndes as an agent of the state. 

Comment Procedures: Comments may be made to Malcolm 
Blalock. PO Box 29596. Raleigh. NC 27626-0596 or E-Mail at 
Malcolm _Blalock@mail.ehnr. state. nc. us. 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER lO - ENVIRONMENTAL HEALTH 

SECTION .0100 - DELEGATION OF AUTHORITY 

TO ENFORCE THE CONLMISSION FOR 

HEALTH SERVTCES SANTTATION RULES 

.0101 SCOPE OF DELEGATED AUTHORITY 

No person shall act as an authorized agent of the state in 
enforcing the provisions of G.S. 130 A and the rules of the 
Commission for Health Services who is not a current emplo^^ee 
of a local health department, registered with the North Carolina 
State Board of Sanitarian E.xaminers as a Registered Sanitarian 
or Sanitarian Intern and authorized pursuant to these Rules. 
E.xcept as provided in Rule .0105 of this Section, an 
authorization shall be valid only in the count)' or district served 
b\- the local health department which emplo\ s the agent. There 
shall be seven areas of authorization to enforce the provisions 
of G.S. BOA and the rules of the Commission for Health 
Services found in 15A NCAC 18A as follows: 

( 1 ) Food. Lodging, and Institution Sanitation including 
the following: 

(a) .1000 Sanitation of Summer Camps. 

(b) .1300 Sanitation of Hospitals: .Nursing and 
Rest Homes: Sanitariums. Sanitoriums: 
Educational and other Institutions. 
. 1500 Sanitation of Local Confinement 
Facilities. 

.1600 Sanitation of Residential Care Facilities. 
.1800 Sanitation of Lodging Establishments. 
.2100 Rules Governing the Sanitation & 
Safetv of Migrant Housing. 
.2200 Samtation of Bed and Breakfast Homes. 
.2400 Sanitation of Public. Private, and 
Religious Schools. 

.2600 Sanitation of Restaurants and Other 
Foodhandling Establishments. 

til .2700 Sanitation of Meat Markets, and 
Ikj .3000 Bed and Breakfast Inns. 
On-Site Wastewater, including the following: 
(a) .1900 Sewage Treatment and Disposal 

S\stems. 

.1603 and .1606. .1611(a> and (b) and .1613 

Care Facilities 



ici 
(di 

m 

lili 
Hi 



01 



Ibj .1603 and 



Sanitation of Residential 
(Famil\- Foster Homes), and 
(c) .2100 Rules Governing the Sanitation and 
Safety of Migrant Housing. 

(3) .2800 Sanitation of Child Care Centers. 

(4) .3100 Lead Poisoning Prevention in Children 



1617 



SORTH CAROLISA REGISTER 



March 2, 1998 



12:17 



TEMPORARY RULES 



Program. 
(5) .2500 Public Swimming Pools. 
£6} .3200 Tattooing. 
ill .1603. .1606. .1611(a) and (b), .1613 Sanitation of 

Residential Care Facilities (Family Foster Homes) 

and .2100 Rules Governing the Sanitation and Safety 

of Migrant Housing. 

History Note: Authority G.S. 130A-4; 
Temporary' Adoption Eff. March L. 1998. 



.0102 ELIGIBILITY FOR DELEGATION OF 
AUTHORITY 

(a) The applicant shall successfully complete a centralized 
training course approved by the Division. 

(b) The applicant shall successfully complete all required 
orientation, preliminary activities and field practice and review 
established by the Division. 

(c) When the supervisor determines that the applicant has 
progressed sufficientlv to work independently, the health 
director may request the applicant be evaluated for 
authorization. Documentation of the satisfactory completion of 
all preliminary activities and field practice, including any 
inspection or evaluation forms completed by the applicant and 
comments of the supervisor shall be forwarded to the regional 
specialist. 

(d) If. upon reviewing the File, the regional specialist fmds 
that the applicant needs additional study or field practice, the 
evaluation for authorization may be postponed until that study 
or practice has been completed. 

(e) Upon satisfactory completion of the requirements in 
Paragraphs iai ; IdJ of this Rule, the regional specialist shall 
coordinate the administration of a written test which the 
applicant must pass by a score of 70 percent or more. The test 
may be repeated if necessary. 

(f) An applicant only requesting authorization for 15A 
NCAC 18A .3100 Lead Poisoning Prevention in Children 
Program, in lieu of the requirements set out in Paragraphs (a) -_ 
(e) of this Rule, shall be required to take and successfully 
complete the North Carolina State of Practice course entitled 
"Lead Investigation and Abatement" and shall pass the written 
test provided by that course. 

(g) After the applicant has successfully completed the written 
test, the regional specialist shall conduct a field evaluation of 
the applicant's knowledge, skills, and ability to enforce the 
provisions of G.S. 130 A and the rules of the Commission. 
Following the field evaluation, the regional specialist shall 
make a recommendation to issue or deny the authorization to 
the Director of the Division of Environmental Health. 

History Note: Authority 130A-4; 
Temporary Adoption Eff. March L. 1998. 



.0103 DELEGATION OF AUTHORITY 

Upon determination that the criteria in Rules .0101 and 
.0102 of this Section have been met and none of the reasons for 
denial listed in Rule .0107 of tliis Section exist, and upon a 



review of the recommendation of the regional specialist, the 
Director. Division of Environmental Health, shall rule on the 
request for authorization. An Identification Card shall be 
issued by the Division to each person authorized to enforce 
provisions of G.S. 130 A and the rules of the Commission. The 
card shall be carried by the agent at aU times when on duty. 
The card is the property of tfie Division and shall be returned 
to the Division upon separation of employment, suspension, or 
revocation of authorization or failure to maintain registration 
with the NC Board of Sanitarian Examiners. 

History Note: Authority G.S. 130A-4; 
Temporary Adoption Eff. March l^ 1998. 



.0104 LAPSED DELEGATIONS 

The local health director shall request authorization for an 
individual whose authorization in one or more areas of 
authorization has lapsed. 

(1) An individual whose authorization in m area of 
authorization has lapsed for a period of up to three 
years shall be required to receive training as 
determined by the regional specialist after a field 
evaluation of the applicant's knowledge, skills, and 
ability to enforce the rules. 
An individual whose authorization in an area of 



01 



authorization has lapsed for a period of three years to 
five years shall be required to meet all of the 
requirements which apply to new applicants, except 
that the individual shall be required to attend only the 
portions of tlie centralized training course which are 
directly applicable to the area of authorization 
requested. 

An individual whose authorization in an area of 
authorization has lapsed for a period longer than five 
years shall be required to meet all requirements 
which apply to new applicants. 



History Note: Authority G.S. 130A-4; 
Temporary Adoption Eff. March L^ 1998. 



01 



.0105 AGENTS SERVING AS CONTRACTORS 

The Division may allow an agent who is authorized in a 
specific local health department to contract with another local 
health department to provide services to the other local health 
department. When a local health department contracts for such 
services, the contractin g department shall provide a statement 
to tlie Division on progress made to employ an individual who 
may be considered for authorization. 

(1) A contract shall be created between the contracting 
local health department and the agent (contractor) to 
include at least the following provisions: 
(a) Names and addresses of each p arty. 
Scope of work to be performed. 
A requirement that the original public records 
remain in the local health department in which 
the work is performed. The public records 
shall be left at tfie local health department or 



ic) 



72./ 7 



NORTH CAROLINA REGISTER 



March 2, 1998 



1618 



TEMPORARY RULES 



with an individual employed by the local 
health department who shall be responsible for 
returning said records to the local health 
depanment within two business days of the 
service provided. 

(d) Designation of the party responsible for 
maintaining public records created by the 
agent. 

(e) A requirement that the contracting agent be 
available for consultation to the public being 
served during usual business hours. 

(f) A requirement that the contracting agent be 
available for any hearing or other legal 
proceeding which may ensue from activities 
conducted by the agent. 

(2) The contracting agent shall maintain a list of each 
activity and the date performed for review in 
accordance with Item (3) of this Rule. 

(3) Each public record created by the contracting agent 
shall be reviewed, dated, and initialed by an 
authorized agent of the contracting local health 
department. In addition, at least K) percent of the 
activities performed by the agent shall be reviewed in 
the field by an authorized agent employed by the 
contracting local health department. If the 
contracting local health department has no authorized 
employee, the Division shall conduct a review of 
each public record created by the contracting agent. 
In addition, at least 10 percent of the activities 
performed by the agent shall be reviewed on-site in 
the field by the Division. The review shall be 
conducted each month and shall cover the previous 
month's activities conducted by the agent. 

History Note: Authority G.S. 130A-4: 
Temporary Adoption Eff. March L. 1998. 



(6) incompetency or unprofessionalism in performing 
authorized duties: 

(7) neglect of duty: or 

(8) failure to properly interpret and enforce laws, rules, 
and policies. 

(b) Alternatively, the Director. Division of Environmental 
Health may place an individual on conditional status for a 
period not to exceed six months if tlie individual's failure to 
properly enforce laws, rules and policies may be corrected with 
additional education and oversight. The Director may suspend 
or revoke the authorization anytime during the conditional 
period if satisfactory progress is not made and the Director 
shall suspend or revoke the authorization after the conditional 
period if the individual does not demonstrate the necessary 
knowledge, skills and ability to warrant an unconditional 
authorization. 

History Note: Authority G.S. 130A-4; 
Temporary Adoption Eff. March I_^ 1998. 



.0108 RE-AUTHORIZATION 

If an individual's authorization has been suspended, the 
authorization shall be reinstated upon determination by the 
Division that the reasons for suspension no longer exist. If an 
agent's authorization has been revoked for failure to comply 
with the requirements found in Rule .0107(a)(2) or [Si of this 
Section, the agent may apply for reinstatement five years after 
the revocation becomes effective. If an individual's 
authorization has been revoked for reasons other than those 
found in Rule .0107(a)(2) or (5) of this Section, the agent may 
reapply for authorization after six months from the date the 
revocation becomes effective by satisfying the requirements of 
Rules .0102 and .0103 of this Section. The Division may 
refuse to re-authorize an individual if the Division determines 
that the actions which were the basis for the revocation or 
suspension are likely to reoccur. 



.0106 EVALUATION 

The regional specialist may, at aiiy time, evaluate the 
performance of an authorized agent and recommend that the 
Director. Division of Environmental Health, take corrective 
action. 

History Note: Authority G.S. 130A-4: 
Temporary Adoption Eff. March 1. 1998. 



History Note: Authority G.S. 130A-4: 
Temporary Adoption Eff. March L. 1998. 



.0107 DENIAL, SUSPENSION AND REVOCATION 

(a) The Director. Division of Environmental Health, may 
deny, suspend, or revoke the authorization to act as an agent of 
the State for any of the following: 

( 1 ) failure to satisfy the requirements for authorization in 
Rules .2302. .2303 and .2306 of this Section: 
fraud, deceit, dishonesty, or perjury in obtaining 
authorization or m performing authorized duties: 
abuse of controlled substances: 
drug or alcohol induced intoxication on duty: 
defrauding the public or attempting to do so; 



01 

ill 
til 
111 



.0109 APPEALS PROCEDURES 

Appeals concerning denials, suspensions and revocations of 
authorization under these Rules shall be made in accordance 
with G.S. 150B. An individual whose authorization has been 
suspended or revoked and who timely requests an appeal may 
continue to work as aii authorized agent until a final agency 
decision is made pursuant to G.S. 150B-36: however, all 
inspection forms and permits completed by the agent during 
that period must be countersigned by another authorized agent 
who concurs with the findings and conclusions reflected on the 
inspection forms and permits. 

History Note: Authority G.S. 130A-4: 
Temporar\ Adoption Eff. March L. 1998. 



1619 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



APPROVED RULES 



Tins Section includes the Register Notice citation to Rules approved by the Rides Review Commission (RRC) at its meeting 
of December 18. 1997 pursuant to G. S. 150B-21.1 7(a) (1) and reported to the Joint Legislative Administrative Procedure 
Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the rules have been 
approved by RRC in a form different from that originally noticed in the Register or when no notice was required to be 
published in the Register. The rules published in full text are identified by an * in the listing of approved rules. Statutory 
Reference: G.S. 150B-21. 17. 

These rules unless othern'ise noted, will become effective on the 31st legislative day of the 1998 Short Session of the General 
Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically 
disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill 
receives an unfavorable final action or the day the General Assembly adjourns. Statutory reference: G.S. 1508-21. 3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



2 


NCAC 


48D 


.0103*Amended Eff. 1-1-98 


2 


NCAC 


52A 


.0104* 




2 


NCAC 


52A 


.0105 




2 


NCAC 


52A 


.0106- 


.0109* 


2 


NCAC 


52D 


.0101* 




4 


NCAC 


19L 


.0401* 




4 


NCAC 


19L 


.0404* 




4 


NCAC 


19L 


.0505* 




4 


NCAC 


19L 


.0707 - 


.0708* 


4 


NCAC 


19L 


.0911* 




4 


NCAC 


19L 


.1009* 




4 


NCAC 


19L 


.1011* 




4 


NCAC 


19L 


.1303* 




4 


NCAC 


19L 


.1703* 




4 


NCAC 


19L 


.1804- 


.1805* 


10 


NCAC 


03R 


.3073 - 


.3074* 


10 


NCAC 


03R 


.3081* 




10 


NCAC 


45H 


.0203* 




11 


NCAC 


12 


.1703* Amended Eff. 1-1-98 


12 


NCAC 


lOB 


.0101 




12 


NCAC 


lOB 


.0107* 




12 


NCAC 


lOB 


.0202* 




12 


NCAC 


lOB 


.0204* 




12 


NCAC 


lOB 


.0206 




12 


NCAC 


lOB 


.0505* 




12 


NCAC 


lOB 


.0601* 




12 


NCAC 


lOB 


.0603* 




12 


NCAC 


lOB 


.0605* 




12 


NCAC 


lOB 


.0702 




12 


NCAC 


lOB 


.0703 - 


.0704* 


12 


NCAC 


lOB 


.0705 - 


.0706 


12 


NCAC 


lOB 


.0707* 




12 


NCAC 


lOB 


.0801 




12 


NCAC 


lOB 


.0802* 




12 


NCAC 


lOB 


.0903* 




12 


NCAC 


lOB 


.0908 




12 


NCAC 


lOB 


.0909* 




12 


NCAC 


lOB 


.0910-. 


0911 


12 


NCAC 


lOB 


.1002* 




12 


NCAC 


lOB 


.1004- 


.1005 


12 


NCAC 


lOB 


.1006* 





not required, G.S. 150B-21.5(1)(5) 



12 


03 NCR 169 


12 


03 NCR 169 


12 


03 NCR 169 


12 


03 NCR 170 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


12 


04 NCR 260 


12 


04 NCR 266 


11 


29 NCR 2208 


not required, G.S. 150B-2 1.5(5) 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 


12:08 NCR 624 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1620 



APPROVED RULES 



12 


NCAC 


lOB 


.1202* 






12 


NCAC 


lOB 


.1204 - 


.1205 




12 


NCAC 


lOB 


.1206* 






13 


NCAC 


16 


.0101* 






13 


NCAC 


16 


.0102* 


- .0103 




13 


NCAC 


16 


.0201* 






13 


NCAC 


16 


.0202 - 


.0208 




13 


NCAC 


16 


.0301 - 


.0303* 




13 


NCAC 


16 


.0401 






13 


NCAC 


16 


.0402* 






13 


NCAC 


16 


.0501* 






13 


NCAC 


16 


.0502 






15A 


NCAC 


02L 


.0106* 






15A 


NCAC 


02N 


.0701* 






15A 


NCAC 


02 P 


.0402 






15A 


NCAC 


06E 


.0104- 


.01 05* Amended Eff. 


1-1-98 


15A 


NCAC 


07M 


.0303* Amended Eff. 1-1-98 




15A 


NCAC 


08F 


.0203* 






15A 


NCAC 


24A 


.0202 






16 


NCAC 


06C 


.0307* Amended Eff. 1-1-98 




16 


NCAC 


06D 


.0103*Amended Eff. 1-1-98 




16 


NCAC 


06D 


.0301* Amended Eff. 1-1-98 




16 


NCAC 


06G 


.0305 - 


.0308*Amended Eff. 


1-1-98 


21 


NCAC 


12 


.0202 






21 


NCAC 


32H 


.0102* 






21 


NCAC 


32H 


.0201* 






21 


NCAC 


32H 


.0202 - 


.0203 




21 


NCAC 


32H 


.0301 - 


.0303 




21 


NCAC 


32H 


.0401 






21 


NCAC 


32H 


.0402 - 


.0404* 




21 


NCAC 


32H 


.0405 - 


.0408 




21 


NCAC 


32H 


.0409* 






21 


NCAC 


32H 


.0501 - 


.0506 




21 


NCAC 


32H 


.0507* 






21 


NCAC 


32H 


.0508 






21 


NCAC 


32H 


.0601 - 


.0602 




21 


NCAC 


32H 


.0801* 






21 


NCAC 


32H 


.0901 






21 


NCAC 


32H 


.1004 






21 


NCAC 


36 


.0109 







12:08 NCR 624 
12:08 NCR 624 
12:08 NCR 624 
12:05 NCR 412 
12:05 NCR 412 
12:05 NCR 412 
12:05 NCR 412 
12:05 NCR 414 
12:05 NCR 414 
12:05 NCR 414 
12:05 NCR 414 
12:05 NCR 414 
11:21 NCR 1640 
11:21 NCR 1649 
11:21 NCR 1650 
not required, G.S. 



11 
11 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
11 



11 NCR 927 
28 NCR 2125 
07 NCR 523 
01 NCR 19 
01 NCR 19 
01 NCR 19 
01 NCR 19 
07 NCR 525 
04 NCR 295 
04 NCR 295 
04 NCR 297 
04 NCR 298 
04 NCR 299 
04 NCR 300 
04 NCR 303 
04 NCR 305 
04 NCR 305 
04 NCR 309 
04 NCR 310 
04 NCR 310 
04 NCR 311 
04 NCR 311 
04 NCR 312 
28 NCR 2130 



1503-21. 5 



TITLE 2 - DEPARTMENT OF AGRICULTURE 

CHAPTER 48 - PLANT INDUSTRY 

SUBCHAPTER 48D - LIMING MATERIALS AND 
LANDPLASTER 

SECTION .0100 - LEVIING MATERIALS AND 
LANDPLASTER 

.0103 LABELING 

(a) Limestone labels shall give the following infonnation: 

( 1 ) net weight; 

(2) brand name truly descriptive of product: 

(3) euaranteed analysis in form and order as follows: 



Percent: 
Percent; 



(A) Calcium 

(B) Magnesium 

(C) Calcium Carbonate Equivalent 

Percent; 

(D) Percent passing 20 mesh screen; 

(E) Percent passing 100 mesh screen; 



(4) 



pounds of this material equals one ton of 



standard agricultural liming material; 
(5) manufacturer or registrant's name and address. 

(b) Landplaster labels shall give the following information: 

(1) net weight; 

(2) brand name; 

(3) guaranteed analysis Calcium Sulfate Percent; 

(4) manufacturer or registrant's name and address. 

(c) Suspension limestone labels shall give the following 



1621 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



APPROVED RULES 



information: 

(1) net weight (total mixture); 

(2) brand name truly descriptive of product; 

(3) guaranteed analysis (total mixture) as follows: 



(A) 
(B) 
(C) 

(D) 

(E) 



Calcium 



Magnesium 

Calcium Carbonate 
Percent; 



Percent; 

Percent; 

Equivalent 



Percent passing a 20 mesh screen; 
Percent passing a 100 mesh screen; 



(4) 



pounds of this material equals one ton of 

standard liming material; 
(5) manufacturer or registrant's name and address. 
Note (1): (The following example pertains to Paragraph (a) of 
this Rule.) If the product is 28 percent calcium, 6 percent 
magnesium, 70 percent calcium carbonate equivalent, 90 
percent passes a 20 mesh screen and 35 percent passes a 100 
mesh screen, the limestone label should read: 

XYZ Ground Dolomitic Limestone 

Guaranteed Analysis 

Calcium 28 Percent 
Magnesium 6 Percent 

Calcium Carbonate Equivalent 70 Percent 

90 Percent passing 20 mesh screen 

35 Percent passing 100 mesh screen 

2571 pounds of this material equals one ton of standard 

liming material (9/7 x 2000 lbs.) 

Manufacturer or registrant's name and address 
Note (2): (The following example pertains to Paragraph (c) of 
this Rule.) If 50 percent of mixture is limestone with 30 
percent calcium, 12 percent magnesium, 100 percent passing a 
20 mesh screen and 80 percent passing a 100 mesh screen; 50 
percent of mixture is carrier; calcium carbonate equivalent is 
100 percent, the suspension limestone label should read: 

Suspension Dolomitic Limestone 

Guaranteed Analysis 

Calcium 15 Percent 
Magnesium 6 Percent 

Calcium Carbonate Equivalent 50 Percent 
100 Percent passing a 20 mesh screen 
80 Percent passing a 100 mesh screen 
3600 pounds of this product equals one ton of standard 
liming material 

Manufacturer or registrant's name and address, 
(d) Pelletized lime (to be sold in bags only not to exceed 100 
pounds): 

(1) net weight; 

(2) brand name truly descriptive of the product; 

(3) a statement in letters at least one half as large as the 



(4) 



letters in the brand name or three-eighths inch in 
height, whichever is less, as follows: "For 
incorporation-after application, wet thoroughly 30 
minutes before tilling"; 
guaranteed analysis: 



(A) 


Calcium Percent; 


(B) 


Magnesium Percent; 


(C) 


Calcium Carbonate Equivalent 




Percent; 


(D) 


Percent passing a 




screen; 


(E) 


Percent passing a 



20 mesh 

100 mesh 

screen; 
manufacturer's or registrant's name and address. 
(e) Fine granular lime (to be sold in bags only not to exceed 
100 pounds): 

(1) net weight; 

brand name truly descriptive of the product; 

a statement in letters at least one half as large as the 

letters in the brand name or one inch in height, 

whichever is less, as follows: "For use on existing 

turf only"; 

guaranteed analysis: 



(5) 



(2) 
(3) 



(4) 



(A) 
(B) 
(C) 

(D) 

(E) 



Calcium 



Magnesium 



Percent; 
Percent; 



Calcium Carbonate Equivalent 

Percent; 

Percent passing 



a 20 mesh 



screen; 



(5) 
(0 2 



Percent passing a 100 mesh 

screen; 
manufacturer's or registrant's name and address. 
NCAC 48D .0103(d) shall be effective July 1, 1985. 



History Note: Authority G.S. 106-92.16; 

EJf. My 1. 1980: 

Amended Eff. September 1, 1984; 

Transferred from T02.11D Eff. January 1. 1985; 

Amended Eff. Januan L. 1998: July 1. 1986. 

CHAPTER 52 - VETERINARY DIVISION 

SUBCHAPTER 52A - RULES AND REGULATIONS 
ADOPTED BY REFERENCE 

SECTION .0100 - ADOPTIONS BY REFERENCE 

.0104 MEAT FACILITIES REQUIREMENTS 

The "Federal Facilities Requirements for Existing Meat 
Plants," as published by the United States Department of 
Agriculture, Food Safety and Inspection Service, including 
subsequent amendments and editions, are hereby incorporated 
by reference. Copies of this material may be obtained from the 
Meat and Poultry Inspection Service at no cost. 

History Note: Authority G.S. 106-549.22; 
Eff. April 1, 1984; 



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1622 



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Amended Eff. July 1 . 1998. 



SECTION .0100 - STANDARDS: OFFICIAL MARK 



.0106 CONSTRUCTION OF MEAT PLANTS 

The volume entitled "United States Meatpacking Plants: A 
Guide to Constmction, Equipment and Layout," Agriculture 
Handbook No. 570, as published by the United States 
Department of Agriculture, Food Safety and Inspection Service, 
including subsequent amendments and editions, are hereby 
incorporated by reference. Copies of this material may be 
obtained from the Meat and Poultry Inspection Sen/ice at no 
cost. 

History Note: Authority G.S. 106-549.22; 
Eff. April 1. 1984; 
Amended Eff. July 7. 1998. 

.0 1 07 LABELING MEAT AND POULTRY PRODUCTS 

The volume entitled "Standards and Labeling Policy Book," 
as published by the United States Department of Agriculture, 
Food Safety Inspection Service, Standards and Labeling 
Division, including subsequent amendments and editions, are 
hereby incorporated by reference. Copies of this material may 
be obtained from the Superintendent of Documents, U.S. 
Government Printing Office. Washington, D.C. 20402, at a 
cost of ninety-eight dollars (S98.00). 

History Note: Authority G.S. 106-549.22; 
Eff. Apr! I 1. 1984; 
Amended Eff. July 1. 1998. 

.0108 SANITATION HANDBOOK 

The "FSIS Directive 11.000.2 - Plant Sanitation," published 
by the United States Department of Agriculture, Food Safety 
and Inspection Service, Science and Technology Branch, 
Facilities, Equipment and Sanitation Division, including 
subsequent amendments and editions, are hereby incorporated 
by reference. Copies of this material may be obtained from the 
Meat and Poultry Inspection Ser\'ice at no cost. 

History Note: Authority G.S. 106-549.22; 
Eff. April 1, 1984; 
Amended Eff Julx 1. 1998. 

.0109 INSPECTION MANUAL 

The "Meat and Poultry Inspection Manual," published by the 
United States Department of Agriculture. Food Safety and 
Inspection Service, Inspection Operations, including subsequent 
amendments, are hereby incorporated by reference. Copies of 
this material may be obtained from the Meat and Poultry 
Inspection Service at no cost. 

History Note: Authority G.S. 106-549.22; 
Eff. April 1. 1984; 
Amended Eff Jul\ 1. 1998. 

SUBCHAPTER 52D - MEAT AND POULTRY 
LNSPECTION 



.0101 CERTAIN STANDARDS ADOPTED: 
EXCEPTIONS 

The Rules, Regulations, Definitions and Standards of the 
United States Department of Agriculture governing meat and 
meat products inspection, poultry products inspection, 
voluntary inspection of poultry and humane methods for 
slaughtering animals. Subchapters A, B, C, and D, Title 9, Part 
301 et. seq.. Code of Federal Regulations, are hereby 
incorporated by reference, including subsequent amendments 
and editions, subject to the following exceptions: 

(1) Conformity of Federal Regulations to North Carolina 
Authority is Assumed. To conform federal 
regulations to North Carolina Authority, references 
in the federal regulations to the "Secretary of 
Agriculture," the "United States Department of 
Agriculture," the "Food Safety and Inspection 
Service," its "Administrator" and "Officer in 
Charge" shall be deemed to refer to the 
corresponding North Carolina authority, the 
"Commissioner of Agriculture," the "North Carolina 
Department of Agriculture and Consumer Services," 
the "Meat and Poultry Inspection Service" and its 
"Director for Meat and Poultry Inspection Service" 
and the "Area Supervisors." References to 
"interstate commerce" shall be deemed to refer to 
"intrastate commerce" within North Carolina. 

(2) Statutory references to the "Federal Meat Inspection 
Act" shall be deemed to refer to the corresponding 
provisions of the "North Carolina Meat Inspection 
Law," Article 49B and Anicle 49C of Chapter 106 of 
the North Carolina General Statutes. 

(3) Stamtory references to the "Federal Poultry Products 
Inspection Act" shall be deemed to refer to the 
corresponding provisions of the "North Carolina 
Poultry Products Inspection Act," Article 49D of 
G.S. 106. 

(4) References to federal marks of inspection, forms, 
overtime rates and charges shall be deemed to refer 
to the corresponding North Carolina marks of 
inspection, forms, and overtime rates and charges. 
These rates are established by the Commissioner 
pursuant to G.S. 106-549.69 to cover the cost of 
providing the service. Standards of the Federal 
Food, Drug and Cosmetic Act incorporated in the 
federal regulations are applicable to these articles. 

Copies of the above are available for inspection in the Office of 
the Director of the State Meat and Poultry Inspection Service 
and may be obtained at a cost of one hundred and eighteen 
dollars (SI 18.00) per copy by contacting the Superintendent of 
Documents, U.S. Government Printing Office, Washington, 
D.C. 20402. 

History Note: Authority G.S. 106-549.21; 106-549.22; 

106-549.28; 

Eff. April 1, 1984; 



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APPROVED RULES 



Amended EJf. My_ L 1998: July 1, 1986; April 1, 1985; 
Januar\ 1, 1985. 



TITLE 4 - DEPARTMENT OF COMMERCE 

CHAPTER 19 - DIVISION OF COMMUNITY 
ASSISTANCE 

SUBCHAPTER 19L - NORTH CAROLINA 

COMMUNITY DEVELOPMENT BLOCK 

GRANT PROGRAM 

SECTION .0400 - DISTRIBUTION OF FUNDS 

.0401 GENERAL 

(a) The Division shall designate specific due dates or open 
periods of time for submission of grant applications under each 
category, based on the amount of funds available and 
coordination with other federal program funding cycles. 
Urgent Needs applications may be submitted at any time. 

(b) In cases where the Division makes a procedural error in 
the application selection process that, when corrected, would 
result in awarding a score sufficient to warrant a grant award, 
the Division may compensate that applicant at the earliest time 
sufficient funds become available or with a grant in the next 
funding cycle. 

(c) Applicants may apply for funding under the grant 
categories of Community Revitalization, Housing 
Development, Community Empowerment, Demonstration and 
Urgent Needs. Applicants shall not apply for Contingency 
funding. Contingency awards may be made to eligible 
applicants in any category. 

History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R. 

570.483; 

Eff. July 1, 1982; 

Amended Eff. August L 1998: March 1. 1986; October 1. 

1984; March 1, 1984. 

.0404 GRANT CATEGORY ALLOCATION 

Each program year, funds shall be reserved for each grant 
category. When authorized by the General Assembly the 
Division may set aside up to two percent for demonstration 
grants. The remaining funds shall be distributed by the 
Division to Community Revitalization grant applications unless 
otherwise specified in the General Assembly. 

History Note: Authoritx G.S. 143B-10; 143B-431; 42 U.S. C. 

5304; 24 C.F.R. 570.482; 24 C.F.R. 570.4831; 

Eff. July 1. 1982; 

Amended Eff. Aug ust L 1998; June 1, 1994; June 1, 1993; 

May 1. 1992; April /, 1990. 

SECTION .0500 - COMMUNITY REVITALIZATION 
PROJECTS 



.0505 SELECTION CRITERIA 

Projects shall be evaluated and rated in accordance with the 
following rating factors: 

(1) benefit to low and moderate income persons, 

(2) project severity of need, 

(3) project treatment of need, 

(4) appropriateness and feasibility of proposed project 
activities, and 

(5) local commitment of funds and community efforts. 

History Note: Authority G.S. 143B-10; 143B-431; 42 

U.S.C.A. 5304(a)(1); 24 C.F.R. 570.483; 

Eff. July 1. 1982; 

Amended Eff. Aug ust L. 1998: March 1. 1995; June 1, 1993; 

March 1, 1986; March 1, 1984. 

SECTION .0700 - DEMONSTRATION PROJECTS 

.0707 ELIGIBILITY REQUIREMENTS 

(a) Applications for Demonstration Projects must show that: 

(1) the proposed project meets a national objective in 
accordance with 24 CFR 570.483; and 

(2) the proposed project meets the specific purpose and 
priorities adopted by the General Assembly. 

Applicants that do not meet these eligibility requirements shall 
not be considered for funding. 

(b) Applicants shall have the capacity to administer a CDBG 
program. The Division may examine the following areas to 
determine capacity: 

(1) audit and monitoring findings on previously funded 
Community Development Block Grant programs, and 
the applicant's fiscal accountability as demonstrated 
in other state and federal programs or local 
government financial reports; and 

(2) the rate of expenditure of funds and accomplishments 
in previously funded CDBG programs. 

Applicants that show a lack of capacity shall not be considered 
for funding. 



History Note: Authority G.S. 143-323; 
U.S.C.A. 5301; 24 C.F.R. 570.489; 
Eff August 1. 1998. 



143B-10; 42 



.0708 SELECTION CRITERIA 

Selection criteria for demonstration grants shall be: 

( 1 ) Benefit to low and moderate income people. 

(2) Eligibility of activities. 

(3) Project feasibility. 



History Note: Authority G.S. 143-323; 
U.S.C.A. 5301; 24 C.F.R. 570.489; 
Eff. August 1. 1998. 



143B-10; 42 



SECTION .0900 - GRANT ADMINISTRATION 

.091 1 RECORDKEEPING 

(a) The Secretary of the Department of Commerce, the 



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APPROVED RULES 



Secretary of the Department of Housing and Urban 
Development, or any of their duly authorized representatives 
shall have access to all books, accounts, records, reports, files, 
and other papers or property of recipients or their subgrantees 
and contractors pertaining to funds provided under this 
Subchapter for the purpose of making surveys, audits, 
examinations, excerpts and transcripts. 

(b) All Community Development Program records that are 
public under G.S. 132 shall be made accessible to interested 
individuals and groups during normal working hours, and shall 
be maintained at all times at the recipient's local government 
office. 

(c) Financial records, supporting documents and all other 
reports and records required under this Subchapter, and all 
other records pertinent to the Community Development 
Program shall be retained by the recipient for a period of three 
years from the date of the closeout of the program, except as 
follows: 

(1) Records that are the subject of audit findings shall be 
retained for three years or until such audit findings 
have been resolved, whichever is later; 

(2) Records for nonexpendable property which was 
acquired with Federal grant funds shall be retained 
for three years after its final disposition; 

(3) Records for any displaced person shall be retained 
for three years after he/she has received final 
payment; 

(4) Records pertaining to each real property acquisition 
shall be retained for three years after settlement of 
the acquisition, or until disposition of the applicable 
relocation records in accordance with Subparagraph 
(3) of this Section, whichever is later; and 

(5) If a litigation, claim or audit is started before the 
expiration of the three year period, the records shall 
be retained until all litigations, claims, or audit 
findings involving the records have been resolved. 

(d) All records shall be sufficient to determine compliance 
with the requirements and primary objectives of the Community 
Development Block Grant Program and all other applicable 
laws and regulations. All accounting records shall be supported 
by source documentation and shall be in compliance with Rule 
.0906 of this Section. 



dwelling; 

(1) shall contain a room or defined area for the safe, 
sanitary storage and preparation of food. 

(2) shall contain a bathroom with permanently affixed 
and properly operating fixtures. 

(3) shall have a one time treatment for insects and pests. 

(4) shall have a structurally sound building foundation 
system. 

(5) shall have structurally sound flooring systems. 

(6) shall have structurally sound wall systems. 

(7) shall have a structurally sound roofing system. 

(8) shall have at least two remotely located doors for 
means of egress. 

(9) shall have electrical wiring and fixtures that are safe 
and operating properly. 

(10) shall have plumbing fixtures and piping that are safe 
and operating properly. 

(11) shall have a heating source capable of heating the 
entire dwelling unit to 70 degrees Fahrenheit when 
the outside temperature is degrees. 

(12) shall contain a U.L. approved smoke detector wired 
directly to the electrical panel with battery back up. 

(c) Construction or rehabilitation work on all dwelling units, 
assisted entirely or partially with CDBG funds, shall comply 
with the North Carolina State Building Code, Volumes I-X, as 
applicable. 

(d) Section 8 Housing Quality Standards shall not be 
applicable when work is funded under Local Option Activities 
as described in Rule .0403(c) of this Subchapter. 

(e) Housing rehabilitation activities must comply with the 
following standards required under this Subchapter: 

( 1 ) Lead-based paint (Rule .1011); and 

(2) Equal opportunity (Rule .1001). 

(f) The recipient shall provide for benefits to any person 
involuntarily and permanently displaced as a result of the use 
of CDBG assistance to substantially rehabilitate property in 
accordance with 49 CFR Part 24. 

(g) Homes inhabited by disabled or elderly persons must be 
analyzed as to the physical needs of such persons. 
Improvements such as widened doorways, ramps, level entry 
and doorways, and grab bars in bath areas must be installed if 
appropriate. 



History Note: Authority G.S. 143B-10: 143B-431: 42 

U.S.C.A. 5304(d)(2), (e): 24 C.F.R. 570.490; 

Ejf. July 1. 1982: 

Amended Eff. August L 1998: June 1, 1993: September 1, 

1990: May 1, 1988: April 1, 1983. 



History Note: Authority G.S. 143B-10; 1438-431; 24 C.F.R. 

570.487; 42 U.S.C.A. 5305(a); 

Eff. July 1. 1982; 

Amended Eff. August L 1998; May 1. 1988; March 1, 1984; 

April 1, 1983. 



SECTION .1000 - COMPLIANCE REQUIREMENTS 

.1009 HOUSING REHABILITATION 

(a) Grant assistance may be used for housing rehabilitation 
activities eligible under Rule .0301 of this Subchapter. 

(b) The local government shall provide a work write up 
which precisely defmes the rehabilitation work to be undertaken 
to bring the dwelling up to the following standards. The 



.1011 LEAD-BASED PAINT 

(a) The recipient must comply with the Lead-Based Paint 
Poisoning Prevention Act [42 U.S. C. 4831(b)], 24 CFR Part 
570.608, and 24 CFR Pan 35, including provisions and 
subsequent amendments of the above: 

( 1 ) prohibiting the use of lead-based paint; 

(2) requiring elimination of lead-based paint hazards; 
and 



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APPROVED RULES 



(3) requiring notification of the hazards of lead-based 
paint poisoning to purchasers, owners and tenants of 
housing constructed prior to 1978 which was 
acquired or rehabilitated with CDBG assistance. 

(b) All construction contracts as described in this Rule shall 
contain a provision prohibiting the use of lead based paint. 

(c) In lieu of the testing procedures set forth in the 1996 
HUD Guidelines, the recipient may forego testing and abate all 
applicable surfaces in accordance with the methods set out in 
the HUD regulations. 

(d) Lead-based paint hazard evaluation and abatement 
activities financed with CDBG funds must be conducted by 
individuals and firms that are certified in accordance with the 
applicable EPA and HUD requirements for Lead Based Paint 
activities. 

History Note: Authority G.S. 143B-10: 143B-431; 42 
U.S.C.A. 5304(bj(4): 42 U.S.C.A. 4821 through 4846: 
EJf. July 1, 1982: 

Amended EJf. Au gust L 1998: June 1, 1994; June 1, 1993: 
May 1, 1988. 



SECTION .1300 



HOUSING DEVELOPMENT 
PROJECTS 



(2) 
(3) 
(4) 



community impact, 
project design, and 
financial feasibility. 



History Note: Authority G.S. 143B-10; 1438-431: 24 C.F.R. 

570.489: 

Eff. March 1. 1995; 

Amended EJf. August 1. 1998. 

SECTION .1800 - NORTH CAROLINA 
DEVELOPMENT LOAN FUND 

.1804 SIZE OF LOAN APPROVALS 

(a) Maximum and minimum loan amounts as set by the 
General Assembly shall be published by the Division in the 
annual CDBG Consolidated Plan Action Plan, part of the North 
Carolina Consolidated Plan. 

(b) Development Loan Funds approved shall not count 
toward a community's receipt of CDBG funds in any program 
year as outlined in Rule .0403 of this Subchapter. 



History Note: 
Subpart M; 
Eff. Aug ust L. 



Authority G.S. 1438-431; 24 C.F.R. 570 



1998. 



.1303 SELECTION CRITERIA 

(a) The Division may accept applications at any time after 
the beginning of the program year. 

(b) Housing Development projects shall be rated by the 
Division against the following specific criteria: 

(1) 85% of the project rating shall be based upon the 
project design including the feasibility of the project, 
its financial design, the capacity and experience of 
the applicant and other parties involved, the amount 
of leveraging other funds, the suitability of the site 
and surroimding amenities, and the demand from the 
marked; and 

(2) 15% of the project rating shall be based upon the 
benefit to low and moderate income persons both 
immediate and long-term. 

History Note: Authority G.S. 1438-10: 1438-431; 24 C.F.R. 

570.489; 

Eff. March 1. 1986; 

Amended Eff. August L 1998: June 1, 1994; June 1. 1993; 

April 1, 1990. 

SECTION .1700 - COMMUNITY EMPOWERMENT 
PROJECTS 

. 1 703 SELECTION CRITERIA 

Localities that have Community Empowerment grants that 
are open may not apply for additional funds under this category 
until the grant is closed. In addition, local governments may 
have only one Community Empowerment application under 
review at one time. Criteria for awards are: 
(1) community need. 



.1805 SELECTION CRITERIA 

Projects will be evaluated and maybe approved in accordance 
with the following selection factors: 

(1) Public benefit, 

(2) Project feasibility, 

(3) Cash flow of the project, 

(4) Collateral of the project. 

History Note: Authority G.S. 1438-431; 24 C.F.R. 570 

Subpart M; 

Eff. Aug ust 1. 1998. 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTmCATE OF NEED 
REGULATIONS 

SECTION .3000 - PLANNING POLICIES AND 
NEED DETERMINATIONS 

.3073 DEMONSTRATION PROJECT ON PEDIATRIC 
NURSING CARE NEED DETERMINATON 
(REVIEW CATEGORY G) 

(a) It is determined that nine nursing facility beds are needed 
to demonstrate the efficacy of short-term (less than 30 days) 
care of medically fragile infants and children. This 
demonstration project shall provide services to support 
medically fragile children who are primarily cared for at home 
and shall provide data to assist in determining if these children 



12:17 



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1626 



APPROVED RULES 



can be successfully cared for at home over the long-term with 
intermittent inpatient nursing facility admission. Because of 
improved medical procedures and care, more infants with 
complex medical needs are surviving and are being discharged 
from hospitals. The medical equipment and care needed by 
these children in the home is quite sophisticated. Pediatric 
patients suffering from acquired brain injury or from major 
trauma with significant orthopaedic problems may also require 
continued services, which include intermittent inpatient nursing 
care services, after discharge from rehabilitation hospitals. The 
proposed project shall be designed to ease the transition from 
the hospital environment to care at home for these patient 
groups. It shall also offer respite care and other services to low 
birth-weight children, to children with serious chronic 
conditions, and to children with rehabilitation needs. 

(b) An applicant for the project shall demonstrate that home 
health services shall be provided through a home health agency. 
Furthermore, an applicant shall demonstrate coordination with 
other health services, including a hospice provider, an acute 
care provider, and an inpatient rehabilitation provider. Project 
oversight shall include at least one Pediatrician who is willing 
to serve as medical advisor and willing to assist in evaluation 
of the demonstration project's effectiveness. The goal of the 
services provided shall be for long-term maintenance of the 
pediatric patient at home. 

(c) The demonstration project shall provide data to evaluate 
the effectiveness of this type of program in at least these ways: 

(1) Enhanced parent confidence/willingness to care for 
the child at home; 

Reduced length of stay for hospitalization episodes; 
Reduced hospitalizations/rehospitalizations; 
Reduced incidence of institutionalization of children 
to long-term care facilities; 

Outcomes of care - especially relative to 
rehabilitation, chronic disease care; 
Cost data - cost efficiencies, expense, 
reimbursement issues. 

(d) The demonstration project shall provide data to evaluate 
if additional programs in North Carolina would benefit the 
medically fragile pediatric population. Data shall be provided 
to the NC State Health Coordinating Council at the end of each 
of the project's first five operating years. 



(2) 
(3) 
(4) 

(5) 

(6) 





Number of Nursing 


Geographic Area 


Beds Needed for the Pediatnc 




Demonstration Project 


Statewide 


9 



Histon- Note: Authority' G.S. 131 £-176(25); 131E-177(1); 

131E-183(b): 

Temporary Adoption EJf. Janitar\- 2, 1997; 

Eff. August 1. 1998. 

.3074 HOME HEALTH AGENCY OFnCE NEED 

DETERMINATION (REVIEW CATEGORY F) 



(a) It is determined that the Health Service Areas identified 
in 10 NCAC 3R .3054(a) and listed in this Rule may have a 
need for additional home health agency offices. 

(b) Applications for certificates of need for home health 
agency offices filed pursuant to these adjusted need 
determinations shall demonstrate: 



(1) 



(2) 



(3) 



that the applicant proposes to address the needs of at 
least one of the following special needs groups: 

(A) racial minorities, 

(B) nursing home patients in transition to the 
community, 

(C) HIV/AIDS patients, 

(D) Alzheimer's Disease/senile dementia patients, 
or 

(E) underserved patients in rural counties; and 
that the applicant proposes to serve, during its first 
operating year, at least 50 patients who are members 
of the special groups identified in Subparagraph (1), 
of this Rule; and 

that either: 

(A) home health agencies currently serving the 
geographic area are not meeting the needs of 
the groups the applicant proposes to serve; or 

(B) the proposed home health agency office will 
offer new or innovative services not currently 
being offered by home health agencies that 
serve the geographic area the applicant 
proposes to serve. 



HSA Number of Agencies 
or Offices Needed 




History Note: Authority G.S. 131E-176(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 2. 1997; 

Eff. August 1. 1998. 

.3081 POLICIES FOR INPATIENT 

REHABILITATION SERVICES 

(a) Distribution of Inpatient Rehabilitation Beds. After 
applying other required criteria, when superiority among two 
or more competing rehabilitation facility certificate of need 
applications is uncertain, favorable consideration shall be given 
to proposals that make rehabilitation services more accessible 
to patients and their families or are part of a comprehensive 



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APPROVED RULES 



regional rehabilitation networlc. 

(b) Outpatient and Home Care. Reliabilitation care which 
can be provided in an outpatient or home setting shall be 
provided in these settings. All new inpatient rehabilitation 
programs are required to provide comprehensive outpatient 
rehabilitation services as part of their service delivery 
programs. 

History Note: Authority G.S. 1 31 E- 1 76(25); 131E-177(1); 

13JE-183(b); 

Temporary Adoption Ejf. January 2, 1997: 

Eff. August 1. 1998. 

CHAPTER 45 - COMMISSION FOR MENTAL 

HEALTH, DEVELOPMENTAL DISABILITIES 

AND SUBSTANCE ABUSE SERVICES 

SUBCHAPTER 45H - DRUG TREATMENT 
FACILITIES 



SECTION .0200 



SCHEDULES OF CONTROLLED 
SUBSTANCES 



.0203 SCHEDULE II 

(a) Schedule II shall consist of the drugs and other 
substances by whatever official name, common or usual name, 
chemical name or brand name and designated listed in this 
Rule. Each drug or substance has been assigned the Drug 
Enforcement Administration controlled substances code number 
set forth opposite it. 

(b) Substances, Vegetable Origin or Chemical Synthesis. 
Unless specifically excepted or unless listed in another 
schedule, any of the following substances whether produced 
directly or indirectly by extraction from the substances of 
vegetable origin or independently by means of chemical 
synthesis or by a combination of extraction and chemical 
synthesis, is a Schedule II drug: 

(1) opium and opiate, and any salt, compound, 
derivative or preparation of opium or opiate, 
excluding aponiorphine, thebaine-derived 

butorphanol, nalbuphine, dextrorphan, naloxone, 
naltrexone, and nalmefene and their respective salts 
but including the following: 

(A) Raw opium 9600 

(B) Opium extracts 9610 

(C) Opium fluid extracts 9620 

(D) Powdered opium 9639 

(E) Granulated opium 9640 

(F) Tincture of opium 9630 

(G) Codeine 9050 
(H) Ethylmorphine 9190 

(I) Hydrocodone 9193 

(J) Hydromorphine 9150 

(K) Metopon 9260 

(L) Morphine 9300 

(M) Oxycodone 9143 

(N) Oxymorphone 9652 



(O) Thebaine 9333 

(P) Etorphine hydrochloride 9059 

(2) any salt, compound, derivative or preparation thereof 
which is chemically equivalent or identical with any 
of the substances referred to in Subparagraph ( 1 ) of 
this Paragraph (b), except that these substances shall 
not include isoquinoline alkaloids of opium; 

(3) opium poppy and poppy straw 9650 

(4) coca leaves (9040) and any salts, compound, 
derivative or preparation of coca leaves and any salt, 
compound, derivative or preparation thereof which is 
chemically equivalent or identical with any of these 
substances, except that the substances shall not 
include decocainized coca leaves or extraction of 
coca leaves, which extractions do not contain cocaine 
(9041) or ecgonine (9180); 

(5) concentrate of poppy straw (the crude extract of 
poppy straw in either liquid, solid or powder form 
which contains the phenanthrine alkaloids of the 
opium poppy) (9670). 

(c) Opiates. Unless specifically excepted or unless in 
another schedule any of the following opiates, including its 
isomers, esters, ethers, salts and salts of isomers, esters and 
ethers whenever the existence of such isomers, esters, ethers 
and salts is possible within the specific chemical designation, 
is a Schedule II drug, dextrorphan excepted: 

(1) Alfentanil 9737 

(2) Alphaprodine 9010 

(3) Anileridine 9020 

(4) Benzitramide 9800 

(5) Carfentanil 9743 

(6) Dihydrocodeine 9120 

(7) Diphenoxylate 9170 

(8) Fentanyl 9801 

(9) Isomethadone 9226 

(10) Levomethorphan 9210 

(11) Levo-alphacetylmethadol [Some other names: 
levo-alpha-acetylmethadol, 9648 
levomethadyl acetate, LAAM] 

(12) Levorphanol 9220 

(13) Metazocine 9240 

(14) Methadone 9250 

(15) Methadone-Intermediate, 4-cyano-2- 
dimethylamino-4,4-diphenyl butane 9254 

(16) Moramide-Intermediate,2-methyl-3-morpholino-I, 
1-diphenylpropane-carboxylic acid 9802 

(17) Pethidine(meperidine) 9230 

(18) Pethidine-Intermediate- A,4-cyano- 1 -methyl-4-phen 
ylpiperidine 9232 

(19) Pethidine-Intermediate-B, ethyl-4- 
phenyIpipendine-4-carboxylaie 9233 

(20) Pethidine-Intermediate-C,l-methyl-4-phenylpiperid 
ine-4-carboxylic acid 9234 

(21) Phenazocine 9715 

(22) Piminodine 9730 

(23) Racemethorphan 9732 

(24) Racemorphan 9733 



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(3) 
(4) 
(5) 



(6) 



(25) Remifentanil 9739 

(26) Sufentanil 9740 

(d) Stimulants. Unless specifically excepted or unless listed 
in another schedule any material, compound, mixture or 
preparation which contains an> quantity of the following 
substances having a stimulant effect on the central nervous 
system: 

(1 ) Amphetamine, its salts, optical isomers, and salts of 
its optical isomers 1 100 

(2) Methamphetamine, its salts, isomers and salts of its 
isomers 1105 
Phenmetrazine and its salts 1631 
Methylphenidate 1724 
Phen\lacetone 
Some trade or other names: 
Phenyl-2-propanone; P2P; benzyl 
methyl Ketone; meth\l benzyl Ketone; 8501 
Phencyclidine 7471 
(Al 1-Phenylcyclohexylamine 7460 
(B ) 1 -Piperidinocyclohexanecarbonitrile 

(PCC) 8603 

(e) Depressants. Unless specifically excepted or unless 
listed in another schedule, any material, compound, mi.xture or 
preparation which contains any quantity of the following 
substances having a depressant effect on the central nervous 
system, including its salts, isomers and salts of isomers 
whenever the existence of such salts, isomers and salts of 
isomers is possible within the specific chemical designation: 

(1) Amobarbital 2125 

(2) Glutethimide 2250 

(3) Pentobarbital 2270 

(4) Secobarbital 2315 

(f) Hallucinogenic Substances. Unless specificalh- excepted 
or unless listed in another schedule, any material, compound, 
mixture or preparation which contains any quantity of the 
following substances ha\'mg a hallucinogenic effect on the 
central nervous system, including its salts, isomers and salts of 
isomers whenever the existence of such salts, isomers and salts 
of isomers is possible within the specific chemical designation, 
is a Schedule II drug: 

(1) Dronabinol (s\nthetic) in sesame oil and 
encapsulated in a soft gelatin capsule in a U.S. Food 
and Drug Administration approved drug produ2669 
[Some other names for dronabinol: 
[(6aR-trans)-6a,7.8,10a-tetrahydro-6,6,9-trimethyl- 
3-pent>l-6H-dibenzo 

[b,d]pyran-l-olJ,or(-)-delta-9-(trans)-tetrahydrocan 
nabinol] 

(2) Nabilone [Another name for nabilone: 7369 
( + )-trans-3-( 1 , l-dimethylheptyl)-6.6a,7.8, 10, 10a- 
hexahydro-l-hydroxy-6,6-dimethyl-9H- 
dibenzo[b,d]pyran-9-one] . 

Histon Sole: Authonn G.S. 90-88: 90-90: 143B-147: 
Eff. June 30. 1978: 

Amended Eff. January 1. 1994: April 1, 1993: August 1. 1991: 
August 1. 1989: 



Temporary- Amendment Eff. May 13, 1997: 
Amended Eff. Jul\ L 1998. 



TITLE 1 1 - DEPARTMENT OF INSURAjNCE 
CIL\PTER 12 - LIFE AND HEALTH DIVISION 
SECTION .1700 - VL^TICAL SETTLEMENTS 

. 1 703 VI ATIC AL SETTLEMENT BROKERS 

(a) No person shall act as a broker without first registering 
with the Agent Services Division. 

(b) The Commissioner shall suspend, revoke, or refuse to 
renew the registration of any broker if the Commissioner finds 
that: 

(1) There was any misrepresentation in the application 
for registration; 

(2) The broker has been found guilty of fraudulent or 
dishonest practices, has been found guilty of a felony 
or any misdemeanor of which criminal fraud is an 
element, or is otherwise shown to be financially 
irresponsible; or 

(3) The broker has placed or attempted to place a 
contract with an unregistered provider. 

fc) In the absence of a written agreement between a viator 
and a broker making the broker the viator's agent, a broker is 
presumed to be an agent of the provider. 

(d) A broker shall not, without the written agreement of the 
viator obtained before performing an)' services in connection 
with a viatical settlement, seek or obtain any compensation 
from the viator. 

(e) A power of attorney designating the Commissioner as the 
broker's agent for service of legal process shall be filed by 
every broker. 

History Note: Auihorin G.S. 58-2-40: 58-16-30: 58-58-42: 
Eff. February 1. 1996: 
Amended Eff. Januan.- 1. 1998. 



TITLE 12 - DEPARTMENT OF JUSTICE 

CHAPTER 10 - N.C. SHERIFFS' EDUCATION ANT) 
TR.ALNLNG STANDARDS COMMISSION 

SUBCH.\PTER lOB - N.C. SHERIFFS' EDUCATION 
ANT) TRAINLNG STANDARDS COMMISSION 

SECTION .0100 - COMMISSION ORGANIZATION 
AND PROCEDLHES 

.0107 PROCEDLHES FOR PETITIONS FOR 
DECLARATORY RLUINGS 

(a) In addition to the procedures set out in G.S. 150B-4, 
Petitions for Declaratory Rulings shall be submitted to the 
Commission and shall contain: 



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APPROVED RULES 



(b) 
Ruling 
(1) 

(2) 



(1) petitioner's name, address and telephone number; 

(2) the statute(s), rule(s) or both to which the request 
relates; 

(3) all facts and information which are relevant to the 
request; 

(4) a concise statement of the manner in which petitioner 
has been aggrieved; 

(5) a draft of the Declaratory Ruling sought by petitioner 
(if specified outcome is sought by petitioner); 

(6) practices likely to be affected by the Declaratory 
Ruling; 

(7) a list or description of persons likely to be affected 
by the Declaratory Ruling; and 

(8) a statement as to whether the petitioner desires to 
present oral argument (not to exceed 30 minutes) to 
the Commission prior to its decision. 

The Commission may refuse to issue a Declaratory 
when: 

the petition does not comply with Paragraph (a) of 

this Rule; 

the Commission has previously issued a Declaratory 

Ruling on substantially similar facts; 

(3) the Commission has previously issued a Final 
Agency Decision in a contested case on substantially 
similar facts; 

(4) the facts underlying the request for a Declaratory 
Ruling were specifically considered at the time of the 
adoption of the rule in question; or 

(5) the subject matter of the request is involved in 
pending litigation. 

History Note: Authority G.S. 1508-4; 
Ejf. January 1, 1990; 
Amended Eff. Aug ust I. 1998. 

SECTION .0200 - ENFORCEMENT RULES 

.0202 SANCTIONS FOR VIOLATIONS BY 
AGENCIES OR SCHOOLS 

If the Commission finds that a violation has been committed 
by an agency or school, the Commission may: 

(1) issue an oral warning and request for compliance; 

(2) issue a written warning and request for compliance; 

(3) issue an official written reprimand; 

(4) suspend, revoke, or deny accreditation to any school 
or program or course of instruction until corrective 
measures have been taken to bring the agency or 
school into compliance with these Rules and 
verification of such compliance has been made by the 
Commission; or 

(5) suspend, revoke, or deny accreditation to any school 
or program or course of instruction for a specific 
period of time to be determined by the Commission's 
Probable Cause Committee; however, not to exceed 
one year. 

History Note: Authority G.S. 17E-4; 



Eff. January 1. 1991; 

Recodified from 12 NCAC lOB .0205 Eff. January 1, 1992; 

Amended Eff. August 1. 1998. 

.0204 SUSPENSION: REVOCATION: OR DENIAL 
OF CERTIFICATION 

(a) The Commission shall revoke or deny the certification of 
a justice officer when the Commission finds that the applicant 
for certification or the certified officer has committed or been 
convicted of: 

(1) a felony; or 

(2) a crime for which the authorized punishment could 
have been imprisonment for more than two years. 

(b) The Commission shall revoke, deny, or suspend the 
certification of a justice officer when the Commission finds that 
the applicant for certification or the certified officer: 

(1) has not enrolled in and satisfactorily completed the 
required basic training course in its entirety within a 
one year time period as specified by these Rules; or 

(2) fails to meet or maintain any of the minimum 
employment or certification standards required by 1 2 
NCAC lOB .0300; or 

(3) fails to satisfactorily complete the minimum 
in-service training requirements as presented in 12 
NCAC lOB .2000 and .2100; or 

(4) has refused to submit to the drug screen as required 
in 12 NCAC lOB .0301(6) or .0406(b)(4) or in 
connection with an application for or certification as 
a justice officer or a criminal justice officer as 
defined in 12 NCAC 9A .0103(6); or 

(5) has produced a positive result on any drug screen 
reported to the Commission as specified in 1 2 NCAC 
108 .0410 or reported to any commission, agency, 
or board established to certify, pursuant to said 
commission, agency, or boards' standards, a person 
as a justice officer or a criminal justice officer as 
defmed in 12 NCAC 9A .0103(6), unless the positive 
result is explained to the Commission's satisfaction. 

(c) The Commission may revoke, deny, or suspend the 
certification of a justice officer when the Commission finds that 
the applicant for certification or certified justice officer: 

(1) has knowingly made a material misrepresentation of 
any information required for certification or 
accreditation from the Commission or the North 
Carolina Criminal Justice Education and Training 
Standards Commission. This Rule shall also apply to 
obtaining or attempting to obtain in-service firearms 
requalification as required by 12 NCAC lOB .2000 
and .2100; or 

(2) has knowingly and designedly by any means of false 
pretense, deception, fraud, misrepresentation or 
cheating whatsoever, obtained or attempted to obtain 
credit, training or certification from the Commission 
or the North Carolina Criminal Justice Education and 
Training Standards Commission. This Rule shall 
also apply to obtaining or attempting to obtain in- 
service firearms requalification as required by 12 



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APPROVED RULES 



NCAC lOB .2000 and .2100; or 

(3) has knowingly and designedly by any means of false 
pretense, deception, fraud, misrepresentation or 
cheating whatsoever, aided another in obtaining or 
attempting to obtain credit, training, or certification 
from the Commission or the North Carolina Criminal 
Justice Education and Training Standards 
Commission. This Rule shall also apply to obtaining 
or attempting to obtain in-service firearms 
requalification as required by 12 NCAC lOB .2000 
and .2100; or 

(4) has been removed from office by decree of the 
Superior Court in accordance with the provisions of 
G.S. 128-16 or has been removed from office by 
sentence of the court in accord with the provisions of 
G.S. 14-230; or 

(5) has been denied certification or had such certification 
suspended or revoked by the North Carolina 
Criminal Justice Education and Training Standards 
Commission. 

(d) The Commission may revoke, suspend or deny the 
certification of a justice officer when the Commission finds that 
the applicant for certification or the certified officer has 
committed or been convicted of: 

(1) a crime or unlawful act defined in 12 NCAC lOB 
.0103(T0)(b) as a Class B misdemeanor and which 
occurred after the date of initial certification; or 

(2) a crime or unlawful act defined in 12 NCAC lOB 
.0103(10)(b) as a Class B misdemeanor within the 
five-year period prior to the date of appointment; or 

(3) four or more crimes or unlawful acts defined in 12 
NCAC lOB .0103(10)(b) as Class B misdemeanors 
regardless of the date of commission or conviction; 
or 

(4) four or more crimes or unlawful acts defined in 12 
NCAC lOB .0103(10)(a) as a Class A misdemeanor, 
each of which occurred after the date of initial 
certification; or 

(5) four or more crimes or unlawful acts defined in 12 
NCAC lOB .0103(10)(a) as a Class A misdemeanor 
except the applicant shall be certified if the last 
conviction or commission occurred more than two 
years prior to the date of appointment; or 

(6) any combination of four or more crimes or unlawful 
acts defined in 12 NCAC lOB .0103(10){a) as a Class 
A misdemeanor or defined in 12 NCAC lOB 
.0103(10)(b) as a Class B misdemeanor regardless of 
the date of commission or conviction. 

(e) Without limiting the application of G.S. 17E, a person 
who has had his certification suspended or revoked may not 
exercise the authority or perform the duties of a justice officer 
during the period of suspension or revocation. 

(f) Without limiting the application of G.S. 17E, a person 
who has been denied certification may not be employed or 
appointed as a justice officer or exercise the authority or 
perform the duties of a justice officer. 



History Note: Authority G.S. 17E-7; 

Eff. Jamiarx 1. 1990; 

Amended Eff. My 1, 1990; 

Recodified from 12 NCAC lOB .0204 Eff. January 1, 1991; 

Amended Eff. April 1, 1991; Jamiary 1, 1991; 

Recodified from 12 NCAC lOB .0207 Eff. January 1, 1992; 

Amended Eff. August L. 1998; January 1. 1996; January 1, 

1995; January 1, 1994; January 1, 1993. 

SECTION .0500 - MINIMUM STANDARDS OF 
TRAINING FOR DEPUTY SHERIFFS 

.0505 EVALUATION FOR TRAINING WATVER 

(a) The Division staff shall evaluate each deputy's training 
and experience to determine if equivalent training has been 
satisfactorily completed as specified in 12 NCAC lOB .0504(a). 
Applicants for certification with prior law enforcement 
experience shall have been employed and certified in a sworn 
law enforcement position in order to be considered for training 
evaluation under this Rule. The following rules shall be used 
by Division staff in evaluating a deputy's training and 
experience to determine eligibility for a waiver of training. 

(1) Persons who separated from a sworn law 
enforcement position during their probationary 
period after having completed a 
commission-accredited Basic Law Enforcement 
Training Course and who have been separated from 
a sworn law enforcement position for one year or less 
shall serve the remainder of the initial probationary 
period in accordance with G.S. 17E-7(b), but need 
not complete an additional training program. 

(2) Persons who separated from a sworn law 
enforcement position during their probationary 
period without having completed Basic Law 
Enforcement Training, or whose certification was 
suspended pursuant to 12 NCAC lOB .0204(b)(1), 
and who have remained separated or suspended for 
over one year shall complete a 
commission-accredited Basic Law Enforcement 
Training Course in its entirety and pass the State 
Comprehensive Examination, and shall be allowed a 
12 month probationary period as prescribed in 12 
NCAC lOB .0503(a). 

(3) Out-of-state transferees shall be evaluated to 
determine the amount and quality of their training 
and experience. Out-of-state transferees: 

(A) shall have a minimum of two years full-time 
sworn law enforcement experience; 

(B) shall not have a break in service exceeding 
two years; and 

(C) shall have completed the Basic Law 
Enforcement Training Course accredited by 
the state from which he/she is transferring. 
Out-of-state transferees meeting these 
requirements shall complete a 
commission-accredited Basic Law 
Enforcement Training Course which includes 



1631 



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12:17 



APPROVED RULES 



' 



) 



the following topics of North Carolina law 
and procedure and pass the State 
Comprehensive Examination in its entirety 
within the 12 month probationary period as 
prescribed in 12 NCAC lOB .0503(a). 
(i) Laws of Arrest, Search and 

Seizure 16 hours 

Elements of Criminal Law 24 hours 
Juvenile Laws and Procedures 8 hours 
Controlled Substances 6 hours 

ABC Laws and Procedures 4 hours 
Motor Vehicle Laws 
Civil Process 
Supplemental Custody 
Procedures 



(ii) 
(iii) 
(iv) 

(V) 
(VI) 

(vii) 
(viii) 



20 hours 
24 hours 



8 hours 



TOTAL HOURS 110 hours 

(4) Persons previously holding Grandfather law 
enforcement certification in accordance with G.S. 
17C-10(a) or G.S. 17E-7(a) who have been separated 
from a sworn law enforcement position for more than 
one year and who have not previously completed a 
minimum Basic Law Enforcement Training Course 
accredited by the North Carolina Criminal Justice 
Education and Training Standards Commission or the 
North Carolina Sheriffs' Education and Training 
Standards Commission shall be required to complete 
a commission-accredited Basic Law Enforcement 
Training Course in its entirety and pass the State 
Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC 108 
.0503(a). 

(5) Persons who have completed a minimum 160-hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Training and 
Standards Council under rules administered 
begirming on July 1, 1973 and continuing through 
September 30. 1978 and who have been separated 
from a sworn law enforcement position for more than 
one year but no more than two years shall be 
required to complete the following portions of a 
commission-accredited Basic Law Enforcement 
Training Course and pass the State Comprehensive 
Examination within the 12 month probationary 
period as prescribed in 12 NCAC lOB , 0503(a). 

(A) Juvenile Law and Procedures 8 hours 

(B) Laws of Arrest, Search and Seizure 16 hours 

(C) Elements of Criminal Law 24 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Law Enforcement Driver Training 16 hours 
(H) Civil Process 24 hours 

(1) Supplemental Custody Procedures 8 hours 



Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Training and 
Standards Council under rules administered 
beginning on July 1, 1973 and continuing through 
September 30, 1978 and who have been separated 
from a sworn law enforcement position for more than 
two years shall be required to complete a 
commission-accredited Basic Law Enforcement 
Training Course in its entirety regardless of training 
and experience and pass the State Comprehensive 
Examination within the 12 month probationary 
period as prescribed in 12 NCAC lOB .0503(a). 
(7) Persons who have completed a minimum 240-hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Education 
and Training Standards Commission and the North 
Carolina Sheriffs' Education and Training Standards 
Commission under rules administered beginning 
October 1, 1978 and continuing through September 
30, 1984 and who have been separated from a sworn 
law enforcement position for over one year but no 
more than three years shall be required to complete 
the following portions of a commission-accredited 
Basic Law Enforcement Training Course and pass the 
State Comprehensive Examination within the 12 
month probationary period as prescribed in 12 
NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



(6) 



TOTAL HOURS 126 hours 

Persons who have completed a minimum 160-hour 



TOTAL HOURS 1 10 hours 

(8) Persons who have completed a minimum 240-hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Education 
and Training Standards Commission and the North 
Carolina Sheriffs' Education and Training Standards 
Commission under rules administered beginning 
October 1, 1978 and continuing through September 
30, 1984 and who have been separated from a sworn 
law enforcement position for more than three years 
shall be required to complete a 
commission-accredited Basic Law Enforcement 
Training Course in its entirety regardless of prior 
training and experience and pass the State 
Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC 103 
.0503(a). 

(9) Persons who have completed a minimum 381 hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Sheriffs' Education and 
Training Standards Commission under rules 



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1632 



APPROVED RULES 



administered beginning October 1, 1984 and ending 
December 31, 1988 and who have been separated 
from a sworn law enforcement position for over one 
year but no more than three years shall be required to 
complete the following ponions of a 
commission-accredited Basic Law Enforcement 
Training Course and pass the State Comprehensive 
Examination within the 12 month probationary 
period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



(F) 
(G) 
(H) 



Motor Vehicle Laws 20 hours 

Civil Process 24 hours 

Supplemental Custody Procedures 8 hours 



TOTAL HOURS 110 hours 

(10) Persons transferring to a sheriff's department from 
another law enforcement agency who hold 
certification issued by the North Carolina Criminal 
Justice Education and Training Standards 
Commission and who have previously completed a 
commission-accredited Basic Law Enforcement 
Training Course beginning on or after October 1, 
1984 and who have been separated from a sworn law- 
enforcement position for no more than one year or 
who have had no break in service shall be required to 
complete the following enumerated topics of a 
commission-accredited Basic Law Enforcement 
Training Course and pass that portion of the State 
Comprehensive Examination which deals with those 
subjects within 12 months of the date of appointment 
as defined in 12 NCAC lOB .0103(1). 

(A) Civil Process 24 hours 

(B) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 32 hours 

(11) Persons who have completed a minimum 369-hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Education 
and Training Commission under rules beginning 
October 1, 1984 and ending July 1, 1989 and who 
have been separated from a sworn law enforcement 
position for over one year but no more than three 
years shall be required to complete the following 
ponions of a commission-accredited Basic Law 
Enforcement Training Course and pass the State 
Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 



(12) 



(14) 



TOTAL HOURS 110 hours 

Persons who have completed a minimum 422-hour 
Basic Law Enforcement Training Course accredited 
by the Nonh Carolina Sheriff's Education and 
Training Standards Commission under the rules 
administered begirming January 1, 1989 and ending 
February 1, 1991 and who have been separated from 
a sworn law enforcement position for over one year 
but no more than three years shall be required to 
complete the following ponions of a 
commission-accredited Basic Law Enforcement 
Training Course and pass the State Comprehensive 
Examination within the 12 month probationary 
period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 110 hours 

(13) Persons who have previously completed a minimum 
410-hour Basic Law Enforcement Training Course 
accredited by the North Carolina Criminal Justice 
Education and Training Standards Commission under 
rules administered beginning July 1, 1989 and ending 
February 1, 1991 and who have been separated from 
a sworn law enforcement position for over one year 
but no more than three years shall be required to 
complete the following ponions of a 
commission-accredited Basic Law Enforcement 
Training Course and pass the State Comprehensive 
Examination within the 12 month probationary 
period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 110 hours 

Persons who have completed a minimum 444-hour 
Basic Law Enforcement Training Course accredited 
by the Nonh Carolina Sheriffs' Education and 
Training Standards Commission under the rules 
administered beginning February 1, 1991 and ending 
January 1. 1996 and who have been separated from 



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' 



a sworn law enforcement position for over one year 
but no more than three years shall be required to 
complete the following portions of a 
commission-accredited Basic Law Enforcement 
Training Course and pass the State Comprehensive 
Examination within the 12 month probationary 
period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 110 hours 

(15) Persons who have previously completed a minimum 
432-hour Basic Law Enforcement Training Course 
accredited by the North Carolina Criminal Justice 
Education and Training Standards Commission under 
rules administered beginning February 1. 1991 and 
who have been separated from a sworn law 
enforcement position for over one year but no more 
than three years shall be required to complete the 
following portions of a commission-accredited Basic 
Law Enforcement Training Course and pass the State 
Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 110 hours 

(16) Persons who have completed training as a federal law 
enforcement officer and are appointed as a deputy 
sheriff in North Carolina shall be required to 
complete a commission-accredited Basic Law 
Enforcement Training Course in its entirety 
regardless of previous federal training and experience 
and pass the State Comprehensive Examination 
within the 12 month probationary period as 
prescribed in 12 NCAC lOB .0503(a). 

(17) Persons out of the law enforcement profession for 
over three years regardless of prior training or 
experience shall complete a commission-accredited 
Basic Law Enforcement Training Course in its 
entirety and pass the State Comprehensive 
Examination within the 12 month probationary 
period as prescribed in 12 NCAC lOB .0503(a). 

(18) Wildlife Enforcement Officers who completed the 



Basic Law Enforcement Training Course prior to 
September 30, 1985 and are sworn as justice officers 
shall be subject to the evaluation rules as stated in 12 
NCAC lOB .0505(a)(1) and (a)(4) through (11). 
(19) Wildlife Enforcement Officers who separate from 
employment with the Wildlife Enforcement Division 
and have less than one year break in service, who 
transfer to a Sheriff's Department in a sworn 
capacity, and who completed their Basic Training 
after September 30, 1985 shall complete the 
following blocs of instruction and pass the state exam 
in its entirety within the 12 month probationary 
period as prescribed in 12 NCAC lOB .0503(a). 

(A) Crime Prevention Techniques 4 hours 

(B) Mechanics of Arrest: Custody 

Procedure 2 hours 

(C) Mechanics of Arrest: Processing 

Arrestee 4 hours 

(D) Special Populations 12 hours 

(E) Techniques of Traffic Law 
Enforcement 6 hours 

(F) Dealing with Victims and the Public 8 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 68 hours 

(20) Wildlife Enforcement Officers who completed Basic 
Law Enforcement Training on or after September 30, 
1985 and have been out of a sworn position over one 
year but no more than three years, and are sworn as 
a justice officer must complete the following blocs of 
instructions and pass the state exam in its entirety 
during their probationary period as prescribed in 12 
NCAC lOB .0503 (a). 

(A) Laws of Arrest Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Crime Prevention Techniques 4 hours 
(H) Mechanics of Arrest: Custody 

Procedures 2 hours 

(I) Mechanics of Arrest: Processing 

Arrestees 4 hours 

(J) Special Populations 12 hours 

(K) Techniques of Traffic Law 

Enforcement 6 hours 

(L) Dealing with Victims and the Public 8 hours 
(M) Civil Process 24 hours 

(N) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 146 hours 

(21) Alcohol Law Enforcement Officers who completed 
the Basic Law Enforcement Training Course prior to 
April I, 1983 or after November 1, 1993, and are 
sworn as a justice officer shall be subject to the 



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evaluation rules as prescribed in 12 NCAC lOB 
.0505(a)(3) through (8) and (a)(14), (15) and (24). 
(22) Alcohol Law Enforcement Officers who separate 
from employment with the Alcohol Law Enforcement 
Division and have less than a one year break in 
service, who transfer to a Sheriff's Department in a 
sworn capacity, and who completed their Basic 
Training administered beginning April 1, 1983 and 
ending November 1, 1993 shall complete the 
following blocs of instruction and pass the state 
comprehensive exam in its entirety within the 12 
month probationary period as prescribed in 12 
NCAC 108 .0503(a). 

(A) Law Enforcement Communication and 
Information Systems 4 hours 

(B) Patrol Techniques 16 hours 

(C) Crime Prevention Techniques 4 hours 

(D) Mechanics of Arrest: Vehicle Stops 6 hours 

(E) Mechanics of Arrest: Custody 
Procedures 2 hours 

(F) Mechanics of Arrest: Processing 

Arrestee 4 hours 

(G) Special Populations 12 hours 
(H) Interviews: Field and In-Custody 8 hours 

(I) Motor Vehicle Law 20 hours 

(J) Techniques of Traffic Law 

Enforcement 6 hours 

(K) Dealing with Victims and the Public 8 hours 
(L) Civil Process 24 hours 

(M) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 122 hours 

(23) Alcohol Law Enforcement Officers who completed 
their Basic Training administered beginning April 1 , 
1983 and ending November 1, 1993 and are sworn as 
a justice officer and who have been out of a sworn 
position for over one year but no more than three 
years shall complete the following blocs of 
instruction and pass the state examination in its 
entirety during their one year probationary period as 
prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Law Enforcement Communication and 
Information Systems 4 hours 

(G) Patrol Techniques 16 hours 
(H) Crime Prevention Techniques 4 hours 

(I) Mechanics of Arrest: Vehicle Stops 6 hours 
(J) Mechanics of Arrest: Custody 

Procedures 2 hours 

(K) Mechanics of Arrest: Processing 

Arrestee 4 hours 

(L) Special Populations 12 hours 

(M) Interviews: Field and In-Custody 8 hours 



(N) 
(O) 

(P) 

(Q) 
(R) 



Motor Vehicle Law 20 hours 

Techniques of Traffic Law 
Enforcement 6 hours 

Dealing with Victims and the Public 8 hours 
Civil Process 24 hours 

Supplemental Custody Procedures 8 hours 



TOTAL HOURS 180 hours 

(24) Persons who have previously completed a minimum 
472-hour Basic Law Enforcement Training Course 
accredited by the North Carolina Sheriffs' Education 
and Training Standards Commission, under the rules 
administered begiiuiing January 1, 1996 and who 
have been separated from a sworn law enforcement 
position for over one year but no more than three 
years shall be required to complete the following 
portions of a commission-accredited Basic Law 
Enforcement Training Course and pass the State 
Comprehensive Examination with the 12 month 
probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 10 hours 

(b) In those instances not specifically incorporated within 
this Section or where an evaluation of the applicant's prior 
training and experience determines that required attendance in 
the entire Basic Law Enforcement Training Course would be 
impractical, the director may exercise his/her discretion in 
determining the amount of training, which is comparable to that 
received by deputies pursuant to 12 NCAC lOB .0502(a), those 
persons shall complete during their probationary period. 

History Note: Authority G.S. 17E-4; 17E-7; 

Eff. January 1, 1989: 

Amended Eff. August L. 1998: January 1, 1996; January 1. 

1994: January 1. 1993: January 1, 1992. 

SECTION .0600 - MINIMUM STANDARDS OF 
TRAINING FOR DETENTION OmCERS 

.0601 DETENTION OFFICER CERTinCATION 
COURSE 

(a) This Section establishes the current standard by which 
Sheriffs' Department and district confinement personnel shall 
receive detention officer training. These Rules will serve to 
raise the level of detention officer training heretofore available 
to law enforcement officers across the state. The Detention 
Officer Certification Course shall consist of a minimum of 146 
hours of instruction designed to provide the trainee with the 



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skills and knowledge necessary to perform those tasks 
considered essential to the administration and operation of a 
contlnement facility. 

(b) Each Detention Officer Certification Course shall include 
the following identified topic areas and approximate minimum 
instructional hours for each area: 

(1) Orientation 2 hours 

(2) Criminal Justice System 3 hours 

(3) Legal Aspects of Management & 

Supervision 19 hours 

(4) Contraband/Searches 6 hours 

(5) Processing Inmates 5 hours 

(6) First Aid & CPR 10 hours 

(7) Medical Care in the Jail 5 hours 

(8) Patrol & Security Functions of the Jail 5 hours 

(9) Key and Tool Control 2 hours 

(10) Supervision & Management of Inmates 5 hours 

(11) Suicides & Crisis Management 5 hours 

(12) Introduction to Rules & Regulations 
Governing Jails 2 hours 

(13) Stress 2 hours 

(14) Investigative Process in the Jail 9 hours 

(15) Specialized Control Techniques 24 hours 

(16) Special Populations 4 hours 

(17) Transportation of Inmates 6 hours 

(18) Fire Emergencies 12 hours 

(19) Fingerprinting and Photographing Arrestees6 hours 

(20) Physical Assessment 4 hours 

(21) Review/Testing 7 hours 

(22) State Comprehensive Examination 3 hours 



TOTAL HOURS 146 hours 

(c) In addition to the requirements of Paragraph (b) of this 
Rule, the reading component of a standardized test shall be 
administered to each trainee within the first two weeks of the 
Detention Officer Certification Course, and the reading grade 
level reported as a part of the trainee's official training records. 
The school director shall determine the test instrument to be 
used. 

(d) Consistent with the curriculum development policy of the 
Commission as published in the "Detention Officer 
Certification Course Management Guide", the Commission 
shall designate the developer of the Detention Officer 
Certification Course curricula and such designation shall be 
deemed by the Commission as approval for the developer to 
conduct pilot Detention Officer Certification Courses. 
Individuals who complete such a pilot Detention Officer 
Certification Course offering shall be deemed to have complied 
with and satisfied the minimum training requirement. 

(e) The "Detention Officer Certification Training Manual" 
as published by the North Carolina Justice Academy is hereby 
incorporated by reference and shall automatically include any 
later amendments and editions of the incorporated matter to 
apply as the basic curriculum for the Detention Officer 
Certification Course. Copies of this manual may be obtained 
by contacting the North Carolina Justice Academy, Post Office 
Box 99, Salemburg, North Carolina 28385-0099. The cost of 



this manual is forty dollars (S40.00) at the time of adoption of 
this Rule. 

(f) The "Detention Officer Certification Course Management 
Guide" as published by the North Carolina Justice Academy is 
hereby incorporated by reference and shall automatically 
include any later amendments, editions of the incorporated 
matter to be used by certified school directors in planning, 
implementing and delivering basic detention officer training. 
The standards and requirements established by the "Detention 
Officer Certification Course Management Guide" must be 
adhered to by the certified school director. Each certified 
school director shall be issued a copy of the guide at the time 
of certification at no cost to the accredited school. 

History Note: Authority G.S. 17E-4(a); 

Eff. January 1, 1989; 

Amended Eff. August L 1998: January 1. 1996: June 1. 1992; 

January 1, 1992; January 1. 1991. 

.0603 EVALUATION FOR TRAINING WAIVER 

(a) Applicants for certification with prior detention or 
correctional officer experience shall have been employed and 
certified as a detention or correctional officer in order to be 
considered for a training evaluation under this Rule. The 
following rules shall be used by division staff in evaluating a 
detention officer's training and experience to determine 
eligibility for a waiver of training: 

( 1 ) Persons who have separated from a detention officer 
position during the probationary period after having 
completed a commission-accredited detention officer 
training course and who have been separated from a 
detention officer position for more than one year 
shall complete a subsequent commission-accredited 
detention officer training course in its entirety and 
pass the State Comprehensive Examination within the 
12 month probationary period as described in 12 
NCAC lOB .0602(a). 

(2) Persons who separated from a detention officer 
position during their probationary period after having 
completed a commission-accredited detention officer 
training course and who have been separated from a 
detention officer position for one year or less shall 
serve the remainder of the initial probationary period 
in accordance with G.S. 17E-7(b), but need not 
complete an additional training program. 

(3) Persons who separated from a detention officer 
position during the probationary period without 
having completed a detention officer training course 
or whose certiilcation was suspended pursuant to 12 
NCAC lOB .0204(b)(1) and who have remained 
separated or suspended for over one year shall 
complete a commission-accredited detention officer 
training course in its entirety and pass the State 
Comprehensive Examination, and shall be allowed a 
12 month probationary period as prescribed in 12 
NCAC lOB .0602(a). 

(4) Persons holding General Detention Officer 



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APPROVED RULES 



Certification who have completed a 
commission-accredited detention officer training 
course and who have separated from a detention 
officer position for more than one year shall 
complete a subsequent commission-accredited 
detention officer training course in its entirety and 
pass the State Comprehensive Examination within the 
12 month probationary period as prescribed in 12 
NCAC lOB .0602(a). 

(5) Persons holding Grandfather Detention Officer 
Cenification who separate from a detention officer 
position and remain separated from a detention 
officer position for more than one year shall be 
required to complete a commission-accredited 
detention officer training program in its entirety and 
pass the State Comprehensive Examination within the 
12 month probationary period as prescribed in 12 
NCAC lOB .0602(a). 

(6) Persons transferring to a sheriff's department from 
another law enforcement agency who hold a 
detention officer certification issued by the North 
Carolina Criminal Justice Education and Training 
Standards Commission shall be subject to evaluation 
of their prior training and experience on an 
individual basis. The Division staff shall determine 
the amount of training, which is comparable to that 
received by detention officers pursuant to 12 NCAC 
lOB .0601(b), required of these applicants. 

(7) Persons holding general certification as a correctional 
officer issued by the North Carolina Criminal Justice 
Education and Training Standards Commission and 
who: 

(A) completed training as a correctional officer 
after January 1, 1981; and 

(B) transfer to a sheriff's department or a district 
confinement facility in a detention officer 
position; and 

(C) have had less than a one year break in service, 
or no break in service, shall serve a 12-month 
probationary period as prescribed in 12 NCAC 
lOB .0602(a) and shall complete the following 
topic areas in a commission-accredited 
detention officer certification course and take 
the state examination in its entirety during that 
probationary period: 

(i) Orientation 2 hours 

(ii) Legal Aspects of Jail Management &. 

Supervision 19 hours 

(iii) Medical Care in the Jail 5 hours 

(iv) Investigative Process in the 

Jail 9 hours 

(v) Suicides and Crisis 

Management 5 hours 

(vi) Introduction to Rules and 

Regulations Governing Jail 

Facilities 2 hours 

(vii) Fire Emereencies in the Jail 12 hours 



TOTAL HOURS 54 hours 

(b) In those instances not specifically incorporated within 
this Section or where an evaluation of the applicant's prior 
training and experience determines that required attendance in 
the entire Detention Officer Training Course would be 
impractical, the director may exercise his/her discretion in 
determining the amount of training, which is comparable to that 
received by detention officers pursuant to 12 NCAC lOB 
.0601(b), those persons shall complete during their 
probationary period. 

History Note: Authorit\- G. S. 1 7E-4: 1 7E- 7; 

Eff. Januarx 1, 1989: 

Amended Eff. August 1^ 1998: January 1, 1996; January 1, 

1993: January 1. 1992; January 1, 1991. 

.0605 COMPLETION OF DETENTION OFHCER 
CERTinCATION COURSE 

(a) Each delivery of an accredited "Detention Officer 
Certification Course" is considered to be a unit as set forth in 
12 NCAC lOB .0601. Each trainee shall attend and 
satisfactorily complete a full course during a scheduled 
delivery. The school director may develop supplemental rules 
as set fonh in 12 NCAC lOB .0704ta)(7), but may not add 
substantive courses, or change or expand the substance of the 
courses set fonh in 12 NCAC lOB .0601. This Rule does not 
prevent the instruction on local agency rules or standards but 
such instruction shall not be considered or endorsed by the 
Commission for purposes of certification. The Director may 
issue prior written authonzation for a specified trainee's limited 
enrollment in a subsequent delivery of the same course where 
the school director provides evidence that: 

(1) The trainee attended and satisfactorily completed 
specified class hours and topics of the "Detention 
Officer Cenification Course" but through extended 
absence occasioned by illness, accident, or 
emergency was absent for more than 10 percent of 
the total class hours of the course offering; or 

(2) The trainee was granted excused absences by the 
school director that did not exceed ten percent of the 
total class hours for the course offering and the 
school director could not schedule appropriate 
make-up work during the current course offering as 
specified in 12 NCAC lOB .0604(c) due to valid 
reasons; or 

(3) The trainee panicipated in an offering of the 
"Detention Officer Cenification Course" but had an 
identified deficiency in essential knowledge or skill 
in either one, two or three, but no more than three, 
of the specified topic areas incorporated in the course 
content as prescnbed under 12 NCAC lOB .0601(b). 

(b) An authorization of limited enrollment in a subsequent 
course delivery may not be used by the Director unless in 
addition to the evidence required by Paragraph (a) of this Rule: 

( 1 ) The trainee submits a written request to the Director, 
justifying the limited enrollment and cenifying that 



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the trainee's participation shall be accomplished 
pursuant to Paragraph (c) of this Rule; and 
(2) The school director of the previous school offering 
submits to the director a certification of the particular 
topics and class hours attended and satisfactorily 
completed by the trainee during the original 
enrollment. 

(c) An authorization of limited enrollment in a subsequent 
course delivery permits the trainee to attend an offering of the 
"Detention Officer Certification Course" commencing within 
120 calendar days from the last date of trainee participation in 
prior course delivery, but only if the trainee's enrollment with 
active course participation can be accomplished within the 
period of the trainee's probationary certification: 

(1) The trainee need only attend and satisfactorily 
complete those portions of the course which were 
missed or identified by the school director as areas of 
trainee deficiency in the proper course participation. 

(2) Following proper enrollment in the subsequent 
course offering, scheduled class attendance and active 
participation with satisfactory achievement in the 
course, the trainee would be eligible for 
administration of the State Comprehensive 
Examination by the Commission and possible 
certification of successful course completion. 

(3) A trainee shall be enrolled as a limited enrollee in 
only one subsequent course offering within the 120 
calendar days from the last date of trainee 
participation in prior course delivery. A trainee who 
fails to complete those limited portions of the course 
after one retest shall enroll in an entire delivery of 
the Detention Officer Certification Course. 

(d) A trainee who is deficient in four or more subject-matter 
or topical areas at the conclusion of the course delivery shall 
complete a subsequent program in its entirety. 

History Note: Authority G.S. 17E-4: 17E-7; 

Eff. January 1. 1989; 

Amended Eff. Aug ust L. 1998: January I, 1996: January 1, 

1993; January 1, 1992; January 1. 1991. 

SECTION .0700 - MINIMUM STANDARDS FOR 

JUSTICE OFFICER SCHOOLS AND 

TRAINING PROGRAMS OR COURSES 

OF INSTRUCTION 

.0703 ADMINISTRATION OF DETENTION 
OFFICER CERTinCATION COURSE 

(a) The executive officer or officers of the institution or 
agency sponsoring a Detention Officer Certification Course 
shall have primary responsibility for implementation of these 
rules and standards and for administration of the school. 

(b) The executive officers shall designate a compensated 
staff member who is certified by the Commission who may 
apply to be the school director. No more than two school 
directors shall be certified at each accredited institution/agency 
to deliver a Detention Officer Certification Course. The school 



director shall have administrative responsibility for planning 
scheduling, presenting, coordinating, reporting, and generally 
managing each sponsored detention officer certification course 
and shall be readily available at all times during course delivery 
as specified in 12 NCAC lOB .0704(b). 

(c) The executive officers of the institution or agency 
sponsoring the Detention Officer Certification Course shall: 

(1) acquire and allocate sufficient financial resources to 
provide commission-certified instructors and to meet 
other necessary program expenses; 

(2) provide adequate secretarial, clerical, and other 
supportive staff assistance as required by the school 
director; 

(3) provide or make available suitable facilities, 
equipment, materials, and supplies for 
comprehensive and qualitative course delivery, as 
required in the "Detention Officer Certification 
Course Management Guide" and specifically 
including the following: 

(A) a comfortable, well-lighted and ventilated 
classroom with a seating capacity sufficient to 
accommodate all attending trainees; 

(B) audio-visual equipment and other instructional 
devices and aids necessary and beneficial to 
the delivery of effective training; 

(C) a library for trainees' use covering the subject 
matter areas relevant to the training course, 
maintained in current status and having 
sufficient copies for convenient trainee access; 

(D) an area designated for instruction of 
specialized control techniques which enables 
the safe execution of the basic detention 
officer specialized control techniques topic 
area, with the following specifications: 

(i) 30 square feet of floor space per student 
during the practical exercise portion of 
this topic area and while testing 
trainees' proficiency in performing the 
required maneuvers; and 
(ii) one instructor for every 10 students 
during the practical exercise portion of 
this topic area and while testing 
trainees' proficiency in performing the 
required maneuvers; and 

(iii) restrooms and drinking water within 
100 yards of the training site; and 

(iv) telephone or radio communication 
immediately available on site; 

(E) an area designated for use as a jail cell for 
performing the practical exercises in the topic 
area entitled "Contraband Searches". If a 
county jail cell is unavailable, a simulated jail 
cell is acceptable provided it is built to the 
same specifications required by the 
Department of Human Resources with regards 
to size; 

(F) an area designated for fire emergencies 



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APPROVED RULES 



instruction which enables the safe execution of 

the lesson plan as follows: 

(i) a well-ventilated, open area which 

allows for the setting and putting out of 

a fire; and 

(ii) restrooms and drinking water within 

100 yards of the training site; and 
(iii) telephone or radio communication 

immediately available on site; and 
(iv) one instructor for every 10 students 
during the practical exercise portion of 
this training; 
(G) an area designated for physical assessment of 
the detention officer trainees to include: 
(i) an area for running, weight lifting and 
other exercises performed during the 
assessment which provides a minimum 
of 20 square feet per trainee during the 
performance of the exercises required 
in the assessment; and 
(ii) restrooms and drinking water within 

100 yards of the training site; and 
(iii) telephone or radio communication 

immediately available on site; and 

(iv) shower facilities, if physical assessment 

is performed prior to classroom 

training; and 

(v) one instructor for every 10 students 

during the performance of the actual 

assessment; and 

(H) an area designated for instruction in first aid 

and CPR techniques which provides a 

minimum of 20 square feet per trainee during 

the practical exercise portion and testing for 

proficiency in administering CPR. There 

must also be one instructor for every 10 

students during the practical exercise portion 

and proficiency testing in administering CPR. 

(4) In the event that an institution or agency does not 

own a facility as required in this .Section, written 

agreements with other entities must be made to 

assure use of and timely access to such facilities. A 

copy of such agreement must accompany the 

originating institution or agency "Pre-Delivery 

Report" (Form F7-A) when submitted to the 

Division. 

History Note: Authority G.S. 17E-4: 

EJf. January 1, 1989; 

Amended EJf. August L. 1 998: January 1, 1996: January 1, 

1992. 

.0704 RESPONSIBILITIES: SCHOOL DIRECTORS 

(a) In planning, developing, coordinating, and delivering 
each commission accredited Detention Officer Certification 
Course, the school director shall: 

(1) Formalize and schedule the course curriculum in 



accordance with the curriculum standards established 
by the rules in this Chapter. 

(A) The Detention Officer Certification Course 
shall be presented with a minimum of 40 
hours of instruction each week during 
consecutive calendar weeks until course 
requirements are completed. 

(B) In the event of exceptional or emergency 
circumstances, the Director may, upon written 
finding of justification, grant a waiver of the 
minimum hours requirement. 

(2) Select and schedule instructors who are properly 
certified by the Commission. The selecting and 
scheduling of instructors is subject to special 
requirements as follows: 

(A) No single individual may be scheduled to 
instruct more than 35 percent of the total 
hours of the curriculum during any one 
delivery except as set forth in Part (a)(2)(B) of 
this Rule. 

(B) Where the school director shows exceptional 
or emergency circumstances and the school 
director documents that an instructor is 
properly certified to instruct more than 35 
percent of the total hours of the curriculum, 
the Director of the Division may grant written 
approval for the expansion of the individual 
instructional limitation. 

(C) Schedule appropriate number of instructors for 
specific topic areas as required in 12 NCAC 
lOB .0703. 

(3) Provide each instructor with a commission-approved 
course outline and all necessary additional 
information concerning the instructor's duties and 
responsibilities. 

(4) Review each instructor's lesson plans and other 
instructional materials for conformance to the rules 
in this Chapter and to minimize repetition and 
duplication of subject matter. 

(5) Permanently maintain records of all Detention 
Officer Certification Courses sponsored or delivered 
by the school, reflecting: 

(A) Course title; 

(B) Delivery hours of course; 

(C) Course delivery dates; 

(D) Names and addresses of instructors utilized 
within designated subject-matter areas; 

(Ej A roster of enrolled trainees, showing class 
attendance and designating whether each 
trainee's course participation was successful or 
unsuccessful including individual test scores 
indicating each trainee's proficiency in each 
topic area and methods or instruments; 

(F) Copies of all rules, regulations and guidelines 
developed by the school director; 

(G) Documentation of any changes in the initial 
course outline, includina substitution of 



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) 



instructors; and 
(H) Documentation of make-up work achieved by 
each individual trainee, including test scores 
and methods or instruments. 

(6) Arrange for the timely availability of appropriate 
audiovisual aids and materials, publications, facilities 
and equipment for training in all topic areas as 
required in the "Detention Officer Certification 
Course Management Guide". 

(7) Develop, adopt, reproduce, and distribute any 
supplemental rules, regulations, and requirements 
determined by the school to be necessary or 
appropriate for: 

(A) Effective course delivery; 
, (B) Establishing responsibilities and obligations of 

agencies or departments employing course 

trainees; and 
(C) Regulating trainee participation and demeanor 

and ensuring trainee attendance and 

maintaining performance records. 
A copy of such rules, regulations and requirements 
shall be submitted to the Director as an attachment to 
the Pre-Delivery Report of Training Course 
Presentation, Form F-7A. A copy of such rules shall 
also be given to each trainee and to the sheriff of 
each trainee's employing agency at the time the 
trainee enrolls in the course. 

(8) If appropriate, recommend housing and dining 
facilities for trainees. 

(9) Not less than 30 days before commencing delivery of 
the course, submit to the Commission a Pre-Delivery 
Report of Training Course Presentation (Form F-7A) 
along with the following attachments: 

(A) A comprehensive course schedule showing 
arrangement of topical presentations and 
proposed instructional assignments; 

(B) A copy of any rules, regulations, and 
requirements for the school and, when 
appropriate, completed applications for 
certification of instructors. The Director shall 
review the submitted Pre-Delivery Report 
together with all attachments to ensure that the 
school is in compliance with all commission 
rules; if school's rules are found to be in 
violation, the Director shall notify the school 
director of deficiency, and approval will be 
withheld until all matters are in compliance 
with the Commissions' rules. 

(10) Administer the course delivery in accordance with 
the rules in this Chapter and ensure that the training 
offered is as effective as possible. 

(1 1) Monitor or designate a certified instructor to monitor 
the presentations of all probationary instructors 
during course delivery and prepare written 
evaluations on their performance and suitability for 
subsequent instructional assignments. These 
evaluations shall be prepared on commission forms 



and forwarded to the Division at the conclusion of 
each delivery. Based on this evaluation the school 
director shall recommend approval or denial of 
requests for Detention Officer Instructor 
Certification, Limited Lecturer Certification or 
Professional Lecturer Certification. 

( 1 2) Monitor or designate a certified instructor to monitor 
the presentations of all other instructors during 
course delivery and prepare written evaluations on 
their performance and suitability for subsequent 
instructional assignments. Instructor evaluations 
shall be prepared on commission forms in accordance 
with the rules in this Chapter. These evaluations 
shall be kept on file by the school for a period of 
three years and shall be made available for inspection 
by a representative of the Commission upon request. 

(13) Ensure that any designated certified instructor who is 
evaluating the instructional presentation of another 
shall, at a minimum, hold certification in the same 
instructional topic area as that being taught. 

(14) Administer or designate a person to administer 
appropriate tests as determined necessary at various 
intervals during course delivery. 

(15) Maintain direct supervision, direction, and control 
over the performance of all persons to whom any 
portion of the planning, development, presentation, 
or administration of a course has been delegated. 

(16) During a delivery of the Detention Officer 
Certification Course, make available to authorized 
representatives of the Commission three hours of 
scheduled class time and classroom facilities for the 
administration of a written examination to those 
trainees who have satisfactorily completed all course 
work. 

(17) Not more than ten days after receiving from the 
Commission's representative the Report of 
E.xainination Scores, the school director shall submit 
to the Commission a Post-Delivery Report of 
Training Course Presentation (Form 7-B). 

(b) In addition to the requirements in 12 NCAC lOB 
.0704(a), the school director shall be readily available to 
students and Division staff at all times during course delivery 
by telephone, pager, or other means. The means, and 
applicable numbers, shall be filed with the accredited training 
delivery site and the Division prior to the beginning of a 
scheduled course delivery. 

History Note: Authority G.S. 17E-4; 

Eff. January 1. 1989; 

Amended Eff. August L. 1998: January 1, 1996; January 1, 

1994: Januar\- 1. 1992. 



.0707 SUSPENSION: REVOCATION: OR 

DENIAL: SCHOOL DIRECTOR CERT 

The Commission may deny, suspend, or revoke certification 
of a school director when the Commission finds that the person 



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has failed to meet or continuously maintain any of the 
requirements for qualification, or any of the terms and 
conditions as specified in 12 NCAC lOB .0706, or through 
performance fails to comply with rules of the Commission or 
otherwise demonstrates incompetence. 

History Note: Authority G.S. 17E-4; 
Eff. Jam/an,' I. 1989; 
Amended Eff. Ausust L J 998. 

SECTION .0800 - ACCREDITATION OF JUSTICE 
OFHCER SCHOOLS AND TRAINING COURSES 

.0802 ACCREDITATION: DELIVERY/DETENTION 
OFFICER CERTIFICATION COURSE 

(a) An institution or agency must be accredited to deliver a 
Detention Officer Certification Course. 

(b) In order to obtain accreditation, an institution or agency 
shall meet or exceed the following minimum standards for 
overall course delivery: 

(1) the institution or agency shall conduct a minimum of 
one Detention Officer Certification Course each 
calendar year; 

(2) the executive officer shall comply with the 
requirements of 12 NCAC lOB .0703; and 

(3) the executive officer shall comply with the additional 
accreditation requirements as specified in the 
"Detention Officer Certification Course Management 
Guide". 

(c) An institution or agency meeting the requirements of 12 
NCAC lOB .0802(b) may submit a "Request for Accreditation" 
(Form F-7) to the Division. Upon receipt of the request, the 
Division staff shall: 

(1) review the application for completeness; 

(2) contact the institution or agency executive officer or 
designated school director to schedule an on-site visit 
and tour of the proposed training facilities; 

(3) during the on-site visit note any deficiencies and 
attempt to provide assistance and recommendations 
in correcting those deficiencies; and 

(4) notify the applying institution or agency, in writing, 
of the approval or denial of the accreditation request. 

(d) In cases where the deficiencies prohibit the immediate 
accreditation of the institution or agency, the application shall 
be placed in a pending status: 

(1) applications may remain in a pending status for no 
more than 30 da\s from the date of notification of 
any deficiencies; and 

(2) within or following the 30 day period, the Division 
shall: 

(A) issue accreditation; or 

(B) notify the institution or agency, in writing, 
that it must re-apply for accreditation. 

(e) Any existing commission-issued accreditations issued and 
valid on July 31, 1998 shall be automatically extended with an 
expiration date of December 31, 1999 at which time the 
previously issued accreditation shall be terminated. 



(f) All new applicants for accreditation shall meet the 
requirements of this Section after August 1, 1998. 

(g) The Division staff shall conduct an on-site accreditation 
audit once each calendar year which shall include, but is not 
limited to: 

( 1 ) the review of all records maintained by the school 
director as required in 12 NCAC lOB .0704; and 

(2) the inspection of the institution or agency's training 
facilities to ensure continued compliance with 
accreditation standards as required in 12 NCAC lOB 
.0703 and .0802. 

(h) Following the annual audit, the Division staff shall: 

( 1 ) notify the institution or agency of the results of the 
audit; and 

(2) recommend to the Commission's Probable Cause 
Committee any action pursuant to 12 NCAC lOB 
.0802(1). 

(i) School accreditation shall remain effective until 
surrendered, suspended, or revoked. 

(j) The Commission may suspend or revoke the accreditation 
of a school when it finds that the school has failed to meet or to 
continuously maintain any requirement, standard or procedure 
for school accreditation or course delivery as required by 
Section .0700 of this Subchapter. 

History Note: Authority G.S. 17E-4; 

Eff. Januar\- 1. 1989: 

Amended Eff. August L. 1998: January 1. 1996: January 1. 

1990. 

SECTION .0900 - MINIMUM STANDARDS FOR 
JUSTICE OmCER INSTRUCTORS 

.0903 CERT: INSTRUCTORS FOR 

DETENTION OFHCER CERTIHCATION 
COURSE 

(a) Any person participating in a commission-accredited 
Detention Officer Certification Course as an instructor, teacher, 
professor, lecmrer, or other participant making presentations to 
the class shall first be certified by the Commission as an 
instructor. A waiver may be granted by the Director upon 
receipt of a written application to teach in a designated school. 

(b) The Commission shall certify Detention Officer 
Certification Course instructors under the following categories: 

(1 ) Detention Officer Instructor Certification; 

(2) Professional Lecturer Certification; or 

(3) Limited Lecturer Certification as outlined in Rules 
.0904, .0906 and .0908 of this Section. 

(c) In addition to all other requirements of this Section, all 
instructors certified by the Commission to teach in a 
Commission-accredited Detention Officer Cenification Course 
shall remain knowledgeable and attend and complete any 
instructor training updates related to curriculum content and 
deliven' as may be offered by the curriculum developer and 
within the time period as specified by the curriculum developer. 

Histor,- Mote: Authorm- G.S. 17E-4: 



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Eff. January 1. 1989: 

Amended Eff. Aiigusr L. 1998: January 1. 1996: January I. 

1990. 

.0909 TERMS AND CONDITIONS OF A 

LIMITED LECTURER CERTinCATION 

(a) An applicant meeting the requirements for certification 
as a Limited Lecturer shalL for the first 12 months of 
certification, be in a probationary status. The Limited Lecturer 
Certification, Probationary Stams. shall automatically expire 12 
months from the date of issuance. 

(b) The probationary instructor shall be eligible for full 
Limited Lecturer status at the end of the probationary period if 
the instructor, through application, submits to the Commission: 

(1) either 

(A) a favorable recommendation from a school 
director accompanied by certification on a 
commission Instructor Evaluation Form that 
the instructor taught at least four hours in each 
of the topics for which Limited Lecturer 
Certification, Probationary Status was 
granted. Such instruction must have occurred 
in a commission-accredited detention officer 
training course during the probationary 
period. The results of the student evaluation 
must be considered by the school director 
when determining the recommendation; or 

(B) a favorable written evaluation by a 
commission or staff member, based on an 
on-site classroom evaluation of the 
probationary instructor in a 
commission-accredited detention officer 
training course. Such evaluation must be 
certified on a commission Instructor 
Evaluation Form completed where the 
probationary instructor taught a minimum of 
four hours in each topic for which Limited 
Lecturer Certification, Probationary Status 
was granted; and 

(2) documentation that all other certifications required in 
12 NCAC lOB .0908 remain valid; and 

(3) possess a current valid CPR certification. 

(c) Full Limited Lecturer Certification shall be continuous 
so long as the lecturer submits to the Division every two years: 

(1) either 

(A) a favorable written recommendation from a 
school director accompanied by certification 
on a commission instructor evaluation form 
that the lecturer successfully taught at least 
four hours in each of the topics for which 
Limited Lecturer Certification was granted 
during the previous two-year period; or 

(B) a favorable written evaluation by a 
commission member or staff member based on 
an on-site classroom observation of the 
lecturer while teaching a minimum of four 
hours in each of the topics for which Limited 



Lecturer Certification was granted; and 

(2) a renewal application to include documentation that 
all other certifications required in 12 NCAC lOB 
.0908 remain valid; and 

(3) possess a current valid CPR certification. 

(d) The date Full Limited Lecturer Certification is originally 
issued shall be the anniversary date from which each two-year 
period is figured. 

(e) If a lecturer does not teach a minimum of four hours, in 
each of the topics for which Limited Lecturer Certification was 
granted, during each two-year period following the awarding of 
Full Limited Lecturer Certification, his/her certification 
automatically expires, and the lecturer must then apply for 
probationary limited lecturer certification and must meet all 
applicable requirements. 

History Note: Authority G.S. 17E-4; 

Eff. January 1. 1989: 

Amended Eff. August L^ 1998: January 1, 1996; January 1, 

1994: January 1. 1992: January 1, 1991. 

SECTION .1000 - PROFESSIONAL CERTIFICATE 
PROGRAM FOR SHERIFFS AND DEPUTY SHERIFFS 

.1002 GENERAL PROVISIONS 

(a) In order to be eligible for one or more of the professional 
awards, a sheriff or deputy sheriff shall first meet the following 
preliminary qualifications: 

(1) Be an elected or appointed sheriff or be a deputy 
sheriff who holds valid General or Grandfather 
Certification. A deputy sheriff serving under a 
probationary certification is not eligible for 
consideration. Any justice officer subject to 
suspension or revocation proceedings by the 
Commission or the North Carolina Criminal Justice 
Education and Training Standards Commission shall 
not be eligible for professional awards for the 
pendency of the proceeding. 

(2) The sheriff or deputy sheriff shall be familiar with 
and subscribe to the Law Enforcement Code of 
Ethics as promulgated by the International 
Association of Chiefs of Police. 

(3) If the applicant is a deputy sheriff, the deputy shall 
be a full-time sworn member of a North Carolina 
Sheriff's Department, as certified in writing by the 
sheriff; or be a full-time employee of an agency who 
must be sworn by the sheriff in order to perform his 
duties as certified in writing by the Sheriff. 

(4) Employees of a North Carolina Sheriff's Department 
who have previously held general or grandfather law 
enforcement officer certification but are presently, by 
virtue of promotion or transfer, serving in non-sworn 
positions not subject to certification are eligible to 
participate in the Professional Certificate Program. 
Eligibility for this exception requires continuous 
employment with the sheriff's department from the 
date of promotion or transfer from a sworn, certified 



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position to the date of application for a professional 

certificate. 
(5) Only training or experience gained in an officer's 

area of expertise will be eligible for application to 

this program, 
(b) Certificates shall be awarded based upon a formula which 
combines formal education, law enforcement training, and 
actual experience as a law enforcement officer. These 
professional certificates are appropriate for sworn sheriffs and 
full-time deputy sheriffs. Points are computed in the following 
manner: 

(1) Each semester hour of college credit shall equal one 
education point and each quarter hour shall equal 
two-thirds of an education point. No correspondence 
or vocational courses shall be credited towards 
education points unless an accredited institution 
credits the course(s) towards a degree; 

(2) Twenty classroom hours of commission-approved 
law enforcement training shall equal one training 
point; 

(3) Experience as a sworn law enforcement officer as 
defined in Rule .0103(16) of this Subchapter shall be 
acceptable for consideration; 

(4) Applicants holding degrees shall not be awarded 
additional points for those degrees and must instead 
meet the training point requirements of this Section 
through completion of law enforcement training. 

History Note: Authority G. S. 1 7E-4; 

Eff. January 1. 1989: 

Amended Eff. August 1_^ 1 998: January 1. 1992: January 1, 

1991; January 1. 1990. 

.1006 HOW TO APPLY 

(a) All applicants for an award of the basic, intermediate or 
advanced certificates shall complete an "Application: 
Professional Certificate/Service Award", (F-6). 

(b) Documentation of education shall be provided by copies 
of transcripts, diplomas, or certified letters from the accredited 
institution. 

(c) Documentation of training shall be provided by copies of 
training records signed by the agency's training officer or 
department head, or by providing certificates of completion. 
Military Police Officers shall provide a military DD -214 form 
for verification of service. Federal government employees (law 
enforcement agencies), shall provide certified letters of 
verification of employment or copies of federal oaths of office. 

(d) Documentation of the applicant's length of service in 
North Carolina shall be based upon the Division's certification 
records, however, oaths of office may be requested of the 
applicant. Documentation shall be provided by certified letters 
of verification of employment from present or former out-of- 
state employers (law enforcement agencies). 

(e) The applicant shall submit the "Application: Professional 
Certificate'SeiAice Award". (F-6) to the agency head who shall 
attach his recommendation and forward the application to the 
Division. Cenificates shall be issued to the asencv head for 



award to the applicant. 

History Note: Authority G.S. 17E-4: 

Ejf. January 1, 1989: 

Amended Eff. August L. 1998: January 1, 1992: Januarx 1, 

1991. 

SECTION .1200 - PROFESSIONAL CERTIFICATE 
PROGRAM FOR DETENTION OFFICERS 

.1202 GENERAL PROVISIONS 

(a) In order to be eligible for one or more of the detention 
officer professional awards, a detention officer shall first meet 
the following preliminary qualifications: 

(1) Be a full-time detention officer who holds valid 
general or grandfather certification. A detention 
officer serving under a probationary certification is 
not eligible for consideration. Any detention officer 
subject to suspension or revocation proceedings by 
the Commission or the North Carolina Criminal 
Justice Education and Training Standards 
Commission shall not be eligible for any detention 
officer professional awards for the pendency of the 
proceeding. 

(2) Be familiar with and subscribe to the Law 
Enforcement Code of Ethics as promulgated by the 
International Association of Chiefs of Police to 
include any subsequent editions or modifications 
thereto. A copy of the Code of Ethics may be 
obtained at no cost from the Sheriffs' Standards 
Di\'ision, North Carolina Department of Justice, Post 
Office Box 629, Raleigh, North Carolina 27602- 
0629. 

(3) Employees of a North Carolina Sheriff's Department 
who have previously held general or grandfather 
detention officer certification but are presently, by 
virtue of promotion or transfer, serving in positions 
not subject to certification are eligible to participate 
in the Professional Certificate Program. Eligibility 
for this exception requires continuous employment 
with the sheriff's department from the date of 
promotion or transfer from a certified position to the 
date of application for a professional certificate. 

(b) Only training and experience gained in an officer's area 
of expertise shall be eligible for application to this program. 

(c) Certificates shall be awarded based upon a formula which 
combines formal education, training, and actual experience as 
a detention officer. Points are computed in the following 
manner; 

(1 ) Each semester hour of college credit shall equal one 
education point and each quaner hour shall equal two 
thirds of an education point. No correspondence or 
vocational courses shall be credited towards 
education points unless an accredited institution 
credits the course(s) towards a degree; 

(2) Twenty classroom hours of commission-approved 
training shall equal one training point; 



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(3) Experience as a member of a correctional or 
detention facility in North Carolina as defined in 
Rule .0103(13) of this Subchapter shall be acceptable 
for consideration; 

(4) Applicants holding degrees shall not be awarded 
additional points for those degrees and must instead 
meet the training point requirements of this Section 
through completion of training in the field of jails or 
corrections. 

History Note: Authority G.S. 17E-4: 

Eff. January 1. 1990; 

Amended Eff. August L. 1998: January 1, 1996; January 1, 

1992. 

.1206 HOW TO APPLY 

(a) All applicants for an award of the Basic, Intermediate or 
Advanced Certificates shall complete an "Application: 
Professional Certificate/Service Award", (F-6). 

(b) Documentation of education shall be provided by copies 
of transcripts, diplomas, or certified letters from the accredited 
institution. 

(c) Documentation of training shall be provided by copies of 
training records signed by the agency's training officer or 
department head, or by providing certificates of completion. 
No out-of-state training shall be accepted, unless, the officer is 
employed in North Carolina during the time of training. 

(d) Documentation of the applicant's length of service in 
North Carolina shall be based upon the Division's certification 
records, however, certified letters of verification of 
employment from present or former employers may be 
requested of applicant. No out-of-state length of service shall 
be applicable to this certificate program. 

(e) The applicant shall submit the "Application: Professional 
Certificate/Service Award", (F-6) to his sheriff who shall attach 
his recommendation and forward the application to the 
Commission. Certificates will be issued to the sheriff for 
award to the applicant. 

History Note: Authority G. S. 1 7E-4; 

Eff. January 1. 1990; 

Amended Eff. Aug ust L 1998: January 1. 1991. 



TITLE 13 DEPARTMENT OF LABOR 

CHAPTER 16 - MIGRANT HOUSING 

SECTION .0100 - GENERAL 

.0101 PURPOSE 

This Chapter sets forth the rules of procedure for 
implementing G.S. 95, Article 19, Migrant Housing Act of 
North Carolina. 

History Note: Authority' G.S. 95-4(2); 95-222; 95-224; 95- 
227; 



Eff. June 1. 1991; 
Amended Eff July 1. 1998. 

.0102 FORMS 

This Rule was proposed as an amendment but is repealed. 

History Note: Authority G.S. 95-227; 150B-11; 
Eff. June 1. 1991; 
Repealed Eff. July 1. 1998. 

SECTION .0200 - INSPECTIONS 

.0201 PREOCCUPANCY INSPECTIONS 

(a) Following the filing of an "application for inspection" by 
an operator, the Department shall contact the operator, at which 
time, the Department shall provide information regarding the 
inspection of the migrant housing facility. 

(b) During an inspection, the Commissioner or assigned 
designees may take measurements, samples, photographs, 
videos, conduct interviews or employ other reasonable 
investigative techniques. 

(c) The migrant housing operator or representative shall be 
afforded an opportunity to provide pertinent information 
regarding conditions in the housing. 

(d) At the conclusion of an inspection, the Commissioner or 
assigned designees shall provide a written statement of any 
identified health or safety violation(s) to the migrant housing 
operator or representative. 

Histon Note: Authority G.S. 95-4(2); 95-226; 95-227; 
Eff. June 1, 1991; 
Amended Eff July I. 1998. 

SECTION .0300 - PROVISIONAL OCCUPANCY 

.0301 PROVISIONAL OCCUPANCY 

This Rule was proposed as an amendment but is repealed. 

History Note: Authority G.S. 95-136(g); 95-226; 95-227; 
Eff. June 1. 1991; 
Repealed Eff. July 1. 1998. 

.0302 PROVISIONAL OCCUPANCY DENIED 

History Note: Authority G.S. 95-225; 95-226; 95-227; 

130A-337; 

Eff. June 1, 1991; 

Repealed Eff. July 1. 1998. 

.0303 INSPECTION OF PROVISIONALLY 
OCCUPIED HOUSING 

History Note: Authority G.S. 95-1 36(g); 95-226; 95-227; 
Eff. June 1. 1991; 
Repealed Eff July /. 1998. 

SECTION .0400 - ENFORCEMENT 



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.0402 CITATIONS AND PENALTIES 

Pursuant to G.S. 95-227, citations and penalties for violating 
the provisions of this Chapter or G.S. 95, Anicle 19 shall be 
issued in accordance with G.S. 95-137 and G.S. 138(a). 

Histon Note: Authorin G.S. 95-4(2): 95-227; 
Eff. July 1. 1998. 

SECTION .0500 - APPEALS 

.0501 APPEALING NON-ISSUANCE OF A 
MIGRANT HOUSING CERTIFICATE 

An operator who is denied a migrant housing certificate 
requested pursuant to G.S. 95-226 may, within fifteen days of 
the denial, request that the Commissioner, or his designee, 
review the decision. The Commissioner's decision may be 
appealed in accordance with Article 3 of G.S. 150B. 

History Note: Authority G.S. 95-4(2): 95-227: 
Eff. Jul\ 1. 1998. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOUTtCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2L - GROLTVDVVATER 
CLASSinCATION AND STANDARDS 

SECTION .0100 - GENERAL CONSIDERATIONS 

.0106 CORRECTIVE ACTION 

(a) Where groundwater quality has been degraded, the goal 
of any required corrective action shall be restoration to the level 
of the standards, or as closely thereto as is economically and 
technologically feasible. In all cases involving requests to the 
Director for approval of corrective action plans, or termination 
of corrective action, the responsibility for providing all 
information required by this Rule lies with the person(s) 
making the request. 

(b) Any person conducting or controlling an activity which 
results in the discharge of a waste or hazardous substance or oil 
to the groundwaters of the State, or in proximity thereto, shall 
take immediate action to terminate and control the discharge, 
mitigate any hazards resulting from exposure to the pollutants 
and notifv' the Division of the discharge. 

(c) Any person conducting or controlling an activity which 
has not been permitted by the Division and which results in an 
increase in the concentration of a substance in excess of the 
standard, other than agricultural operations, shall: 

(1) immediately notify the Division of the activity that 
has resulted in the increase and the contaminant 
concentration levels; 

(2) take immediate action to eliminate the source or 
sources of contamination; 

(3) submit a repon to the Director assessing the cause. 



significance and extent of the violation; and 
(4) implement an approved corrective action plan for 
restoration of groundwater qualir>' in accordance with 
a schedule established by the Director, or his 
designee. In establishing a schedule the Director, or 
his designee shall consider any reasonable schedule 
proposed by the person submitting the plan. A 
report shall be made to the Health Director of the 
county or counties in which the contamination occurs 
in accordance with the requirements of Rule .01 14(a) 
in this Section. 

(d) Any person conducting or controlling an activity which 
is conducted under the authority of a permit issued by the 
Division and which results in an increase in concentration of a 
substance in excess of the standards: 

(1) at or beyond a review boundary, shall demonstrate, 
through predictive calculations or modeling, that 
namral site conditions, facility design and operational 
controls will prevent a violation of standards at the 
compliance boundary; or submit a plan for alteration 
of existing site conditions, facility design or 
operational controls that will prevent a violation at 
the compliance boundary, and implement that plan 
upon Its approval by the Director, or his designee. 

(2) at or beyond a compliance boundary, shall assess the 
cause, significance and extent of the violation of 
standards and submit the results of the investigation, 
and a plan and proposed schedule for corrective 
action to the Director, or his designee. The 
permittee shall implement the plan as approved by 
and in accordance with a schedule established by the 
Director, or his designee. In establishing a schedule 
the Director, or his designee shall consider any 
reasonable schedule proposed by the permittee. 

(e) For the purposes of Paragraphs (c) and (d) of this Rule, 
an activity conducted under the authority of a permit issued by 
the Division, and subject to Paragraph (d) of this Rule, is one 
for which: 

(1) a permit has been issued pursuant to G.S. 143-215.1; 

(2) the permit was originally issued after December 30, 
1983; 

(3) the substance for which a standard has been exceeded 
outside the compliance boimdary has been released to 
groundwater as a result of the permitted activity; 

(4) all other activities shall for the purpose of this Rule 
be deemed not permitted by the Division and subject 
to the provisions of Paragraph (c) of this Rule. 

(f) Corrective action required following discovery of the 
unauthorized release of a contaminant to the surface or 
subsurface of the land, and prior to or concurrent with the 
assessment required in Paragraphs (c) and (d) of this Rule, shall 
include, but is not limited to: 

(1) Prevention of fire, explosion or the spread of 
noxious fumes; 

(2) Abatement, containment or control of the migration 
of contaminants; 

(3) Removal, or treatment and control of any primary 



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pollution source such as buried waste, waste 
stockpiles or surficial accumulations of free products; 
(4) Removal, treatment or control of secondary pollution 
sources which would be potential continuing sources 
of pollutants to the groundwaters such as 
contaminated soils and non-aqueous phase liquids. 
Contaminated soils which threaten the quality of 
groundwaters must be treated, contained or disposed 
of in accordance with applicable rules. The 
treatment or disposal of contaminated soils shall be 
conducted in a manner that will not result in a 
violation of standards or North Carolina Hazardous 
Waste Management rules. 
(g) The site assessment conducted pursuant to the 
requirements of Paragraph (c) of this Rule, shall include: 

(1) The source and cause of contamination; 

(2) Any imminent hazards to public health and safety 
and actions taken to mitigate them in accordance with 
Paragraph (f) of this Rule; 

(3) All receptors and significant exposure pathways; 

(4) The horizontal and vertical extent of soil and 
groundwater contamination and all significant factors 
affecting contaminant transport; and 

(5) Geological and hydrogeological features influencing 
the movement, chemical, and physical character of 
the contaminants. 

Reports of site assessments shall be submitted to the Division 
as soon as practicable or in accordance with a schedule 
established by the Director, or his designee. In establishing a 
schedule the Director, or his designee shall consider any 
reasonable proposal by the person submitting the report. 

(h) Corrective action plans for restoration of groundwater 
quality, submitted pursuant to Paragraphs (c) and (d) of this 
Rule shall include: 

(1) A description of the proposed corrective action and 
reasons for its selection. 

(2) Specific plans, including engineering details where 
applicable, for restoring groundwater quality. 

(3) A schedule for the implementation and operation of 
the proposed plan. 

(4) A monitoring plan for evaluating the effectiveness of 
the proposed corrective action and the movement of 
the contaminant plume. 

(i) In the evaluation of corrective action plans, the Director, 
or his designee shall consider the extent of any violations, the 
extent of any threat to human health or safety, the extent of 
damage or potential adverse impact to the environment, 
technology available to accomplish restoration, the potential for 
degradation of the contaminants in the environment, the time 
and costs estimated to achieve groundwater quality restoration, 
and the public and economic benefits to be derived from 
groundwater quality restoration. 

(j) A corrective action plan prepared pursuant to Paragraph 
(c) or (d) of this Rule must be implemented using the best 
available technology for restoration of groundwater quality to 
the level of the standards, except as provided in Paragraphs (k), 
(1), (m), (r) and (s) of this Rule. 



(k) Any person required to implement an approved 
corrective action plan for a non-permitted site pursuant to this 
Rule may request that the Director approve such a plan without 
requiring groundwater remediation to the standards. A request 
submitted to the Director under this Paragraph shall include a 
description of site specific conditions, including information on 
the availability of public water supplies for the affected area; 
the technical basis for the request; and any other information 
requested by the Director to thoroughly evaluate the request. 
In addition, the person making the request must demonstrate to 
the satisfaction of the Director: 

(1) that all sources of contamination and free product 
have been removed or controlled pursuant to 
Paragraph (f) of this Rule; 

(2) that the time and direction of contaminant travel can 
be predicted with reasonable certainty; 

(3) that contaminants have not and will not migrate onto 
adjacent properties, or that: 

(A) such properties are served by an existing 
public water supply system dependent on 
surface waters or hydraulically isolated 
groundwater, or 

(B) the owners of such properties have consented 
in writing to the request; 

(4) that the standards specified in Rule .0202 of this 
Subchapter will be met at a location no closer than 
one year time of travel upgradient of an existing or 
foreseeable receptor, based on travel time and the 
natural attenuation capacity of subsurface materials 
or on a physical barrier to groundwater migration 
that exists or will be installed by the person making 
the request; 

(5) that, if the contaminant plume is expected to 
intercept surface waters, the groundwater discharge 
will not possess contaminant concentrations that 
would result in violations of standards for surface 
waters contained in 15A NCAC 2B .0200; 

(6) that public notice of the request has been provided in 
accordance with Rule .01 14(b) of this Section; 

(7) that the proposed corrective action plan would be 
consistent with all other environmental laws. 

(1) Any person required to implement an approved corrective 
action plan for a non-permitted site pursuant to this Rule may 
request that the Director approve such a plan based upon 
natural processes of degradation and attenuation of 
contaminants. A request submitted to the Director under this 
Paragraph shall include a description of site specific conditions, 
including written documentation of projected groundwater use 
in the contaminated area based on current state or local 
government planning efforts; the technical basis for the request; 
and any other information requested by the Director to 
thoroughly evaluate the request. In addition, the person 
making the request must demonstrate to the satisfaction of the 
Director: 

(1) that all sources of contamination and free product 

have been removed or controlled pursuant to 

Paragraph (f) of this Rule; 



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(2) that the contaminant has the capacity to degrade or 
attenuate under the site-specitlc conditions; 

(3) that the time and direction of contaminant travel can 
be predicted with reasonable certainty; 

(4) that contaminant migration will not result in any 
violation of applicable groundwater standards at any 
existing or foreseeable receptor; 

(5) that contaminants have not and will not migrate onto 
adjacent properties, or that: 

(A) such propenies are served by an existing 
public water supply system dependent on 
surface waters or hydraulically isolated 
groundwater, or 

(B) the owners of such properties have consented 
in writing to the request; 

(6) that, if the contaminant plume is expected to 
intercept surface waters, the groundwater discharge 
will not possess contaminant concentrations that 
would result in violations of standards for surface 
waters contained in 15A NCAC 2B .0200; 

(7) that the person making the request will put in place 
a groundwater monitoring program sufficient to track 
the degradation and attenuation of contaminants and 
contaminant by-products within and down gradient of 
the plume and to detect contaminants and 
contaminant by-products prior to their reaching any 
existing or foreseeable receptor at least one year's 
time of travel upgradient of the receptor and no 
greater than the distance the groundwater at the 
contaminated site is predicted to travel in five years; 

(8) that all necessary access agreements needed to 
monitor groundwater quality pursuant to 
Subparagraph (7) of this Paragraph have been or can 
be obtained; 

(9) that public notice of the request has been provided in 
accordance with Rule .01 14(b) of this Section; and 

(10) that the proposed corrective action plan would be 

consistent with all other environmental laws, 
(m) The Division or any person required to implement an 
approved corrective action plan for a non-permitted site 
pursuant to this Rule may request that the Director approve 
termination of corrective action. 

(1) A request submitted to the Director under this 
Paragraph shall include: 

(A) a discussion of the duration of the corrective 
action, the total project's cost, projected 
annual cost for continuance and evaluation of 
the success of the corrective action; 

(B) an evaluation of alternate treatment 
technologies which could result in further 
reduction of contaminant levels projected 
capital and annual operating costs for each 
technology; 

(C) effects, including health and safety impacts, 
on groundwater users if contaminant levels 
remain at levels existing at the time corrective 
action is terminated; and 



(D) any other information requested by the 
Director to thoroughly evaluate the request. 

(2) In addition, the person making the request must 
demonstrate to the satisfaction of the Director: 

(A) that continuation of corrective action would 
not result in a significant reduction in the 
concentration of contaminants (At a minimum 
this demonstration must show the duration and 
degree of success of existing remedial efforts 
to attain standards and include a showing that 
the asymptotic slope of the contaminants curve 
of decontamination is less than a ratio of 1:40 
over a term of one year based on quarterly 
sampling); 

(B) that contaminants have not and will not 
migrate onto adjacent properties, or that: 

(i) such properties are ser\'ed by an 
existing public water supply system 
dependent on surface waters or 
hydraulically isolated groundwater, or 

(ii) the owners of such properties have 
consented in writing to the request; 

(C) that, if the contaminant plumes expected to 
intercept surface waters, the groundwater 
discharge will not possess contaminant 
concentrations that would result in violations 
of standards for surface waters contained in 
15A NCAC 2B .0200; 

(D) that public notice of the request has been 
provided in accordance with Rule .01 14(b) of 
this Section; and 

(E) that the proposed termination would be 
consistent with all other environmental laws. 

(3) The Director shall not authorize termination of 
corrective action for any area that, at the time the 
request is made, has been identified by a state or 
local groundwater use planning process for resource 
development. 

(4) The Director may authorize the termination of 
corrective action, or amend the corrective action plan 
after considering all the information in the request. 
Upon termination of corrective action, the Director 
shall require implementation of a groundwater 
monitoring program sufficient to track the 
degradation and attenuation of contaminants at a 
location of at least one year's predicted time of travel 
upgradient of any existing or foreseeable receptor. 
The monitoring program shall remain in effect until 
there is sufficient evidence that the contaminant 
concentrations have been reduced to the level of the 
standards. 

(n) Upon a determination by the Director that continued 
corrective action would result in no significant reduction in 
contaminant concentrations, and the contaminated groundwaters 
can be rendered potable by treatment using readily available 
and economically reasonable technologies, the Director may 
designate the remaining area of degraded groundwater RS. 



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Where the remaining degraded groundwaters cannot be made 
potable by such treatment, the Director may consider a request 
for reclassification of the groundwater to a GC classification as 
outlined in Rule .0201 of this Subchapter. 

(o) If at any time the Director determines that a new 
technology is available that would remediate the contaminated 
groundwater to the standards specified in Rule .0202 of this 
Subchapter, the Director may require the responsible party to 
evaluate the economic and technological feasibility of 
implementing the new technology in an active groundwater 
corrective action plan in accordance with a schedule established 
by the Director. The Director's determination to utilize new 
technology at any site or for any particular constituent shall 
include a consideration of the factors in Paragraph (h) of this 
Rule. 

(p) Where standards are exceeded as a result of the 
application of pesticides or other agricultural chemicals, the 
Director shall request the Pesticide Board or the Depanment of 
Agriculture to assist the Division of Environmental 
Management in determining the cause of the violation. If the 
violation is determined to have resulted from the use of 
pesticides, the Director shall request the Pesticide Board to take 
appropriate regulatory action to control the use of the chemical 
or chemicals responsible for, or contributing to, such 
violations, or to discontinue their use. 

(q) The approval pursuant to this Rule of any corrective 
action plan, or modification or termination thereof, which 
permits the migration of a contaminant onto adjacent propeny, 
shall not affect any private right of action by any party which 
may be effected by that contamination. 

(r) If a discharge or release is not governed by 15A NCAC 
2L .0115 and the increase in the concentration of a substance in 
excess of the standard resulted in whole or in part from a 
release from a commercial or noncommercial underground 
storage tank as defined in G.S. 143-2 15. 94A, any person 
required to implement an approved corrective action plan 
pursuant to this Rule and seeking reimbursement for the 
Commercial or Noncommercial Leaking Petroleum 
Underground Storage Tank Cleanup Funds shall implement a 
corrective action plan meeting the requirements of Paragraph 
(k) or (1) of this Rule unless such a person demonstrates to the 
Director that: 

(1) contamination resulting from the discharge cannot 
qualify for approval of a plan based on the 
requirements of the Paragraphs; or 

(2) the cost of making such a demonstration would 
exceed the cost of implementing a corrective action 
plan submitted pursuant to Paragraph (c) of this 
Rule. 

(s) If a discharge or release is not governed by 15 A NCAC 
2L .01 15 and the increase in the concentration of a substance in 
excess of the standard resulted in whole or in part from a 
release from a commercial or noncommercial underground 
storage tank as defined in G.S. 143-215. 94A, the Director may 
require any person implementing or operating a previously 
approved corrective action plan pursuant to this Rule to: 

(1) develop and implement a corrective action plan 



(2) 



meeting the requirements of Paragraphs (k) and (1) of 
this Rule: or 

seek discontinuance of corrective action pursuant to 
Paragraph (m) of this Rule. 



History Note: Authority G.S. 143-215.2; 143-215. 3(a)(1); 

143-215.94A: 143-215.94(7); 143-215. 94V; 143B-282; 1995 

(Reg. Sess. 1996) c. 648. s. 1; 

Ejf. August 1. 1989; 

Amended Eff. October 1, 1993; September 1, 1992; 

Temporary' Amendment Eff. January 2, 1998; January 2, 1996; 

Amended Ejf . August 1. 1998. 



SUBCHAPTER 2N 



UNDERGROUND STORAGE 
TANKS 



SECTION .0700 - RELEASE RESPONSE 

AND CORRECTIVE ACTION FOR UST 

SYSTEMS CONTAINING PETROLEUM 

OR HAZARDOUS SUBSTANCES 

.0701 GENERAL 

(a) The "General" provisions contained in 40 CFR 280.60 
(Subpart F) have been incorporated by reference in accordance 
with G.S. 150B-21.6. The Code of Federal Regulations 
incorporated by reference in this Rule shall automatically 
include any later amendments thereto as allowed by G.S. I50B- 
21.6 and 15A NCAC 2N .0103. Copies of referenced Federal 
Regulations and the cost of those regulations may be obtained 
pursuant to 15A NCAC 2N .0102. 

(b) Any corrective action undertaken in accordance with this 
Section must meet the requirements and standards specified in 
15A NCAC 2L. 

History Note; Authority G.S. 143-215. 3(a)(15); 

1 438-282(2) (h); 150B-21.6; 

Ejf. January 1. 1991; 

Temporar\- Amendment Eff. January 2. 1998; 

Amended Eff. Aug ust 1. 1998. 

CHAPTER 6 - SOIL AND WATER 
CONSERVATION COMMISSION 

SUBCHAPTER 6E - AGRICULTURE COST SHARE 

PROGRAM FOR NONPOINT SOURCE 

POLLUTION CONTROL 



SECTION .0100 



AGRICULTURE COST SHARE 
PROGRAM 



.0104 



BEST MANAGEMENT PRACTICES 
ELIGIBLE FOR COST SHARE PAYMENTS 

(a) BMP's eligible for cost sharing will be restricted to those 
BMP's listed in the Detailed Implementation Plan approved by 
the commission for the current program year. BMP's shall 
meet the following criteria to be listed in the Detailed 
Implementation Plan: 



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(1) All eligible BMP's must be designed to reduce the 
input of agricultural nonpoint source pollution into 
the water courses of the state or as otherwise 
authorized by statute. 

(2) Information establishing the average cost of the 
specified BMP must be available. District BMP's 
may use actual costs as indicated by receipts, if 
average costs are not available. 

(3) Eligible BMP's shall have adequate technical 
specifications as set fonh in Paragraph (b) of this 
Rule. 

(b) BMP definitions and specifications are set forth 
periodically in the USDA-Natural Resources Conservation 
Service Technical Guide, Section IV, Raleigh, Nonh Carolina 
or by the division for district BMP's. BMP specifications 
appropriate for the current program year shall be met or 
exceeded in order for an applicant to qualify for cost sharing. 
Provisions for exceeding BMP design specifications by an 
applicant max be considered at the time of application with the 
district. The applicant shall assume responsibility for all costs 
associated with exceeding BMP design specifications. 

(c) The minimum life expectancy of the BMP's shall be 
listed in the Detailed Implementation Plan. Practices 
designated by a district shall meet the life expectancy 
requirement established by the division for that district BMP. 

Hision Note: Authority G.S. 139-8; 143-215. 74; 

Eff. Max 7, 1987; 

Recodified from 15A NCAC 6E .0004 Eff. December 20, 1996; 

Amended Eff. January 1. 1998. 

.0105 COST SHARE AND INCENTIVE PAYMENTS 

(a) Cost share and incentive payments may be made through 
LTA's or AA's between the district and the applicant. 

(b) For all practices except those eligible for CSI, the state 
shall provide 75 percent and the applicant 25 percent of the 
average cost for BMP installation. In-kind contributions by the 
applicant shall be included in the applicants' cost share 
contribution. In-kind contributions shall be specified in the 
agreement for cost sharing and shall be approved by the 
district. 

(c) Payments for BMP's restricted to the CSI shall be limited 
to a maximum of three years per farm. 

(d) Average installation costs for each comparative area or 
region of the state and the amount of cost share incentive 
payments shall be updated and revised annually by the division 
for approval by the commission. 

(e) The maximum total cost share payments to an applicant 
shall be limited to seventy-five thousand dollars (575,000) per 
year. 

(f) Cost share payments to implement BMP's under this 
program may be combined with other funding programs, as 
long as the combined cost share rate does not exceed the 
amount and percentages set fonh in Paragraphs (b) and (e) of 
this Rule. 

(g) Use of cost share payments is restricted to land located 
within the county approved for funding by the commission. In 



the situation where an applicant's farm is not located solely 
within a county, the entire farm, if contiguous, shall be eligible 
for cost share payments. 

(h) Cost share contracts used on or for local, state or federal 
government land must be approved by the commission in order 
to avoid potential conflicts of interest and to ensure that such 
contracts are consistent with the purposes of this program. 

Histon Note: Authority G.S. 139-4; 139-8: 143-215.74; 

143B-294; 

Eff. May 1. 1987; 

Temporary Amendment Eff. September 23. 1996; 

Recodified from 15A NCAC 6E .0005 Eff. December 20. 1996; 

Temporary Amendment Expired on June 13. 1997; 

Amended Eff. January- 1. 1998. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7.M - GENERAL POLICY 
GUIDELINES FOR THE COASTAL AREA 

SECTION .0300 - SHOREFRONT ACCESS 
POLICIES 

.0303 GLTDELINTS FOR PUBLIC ACCESS 

(a) Development shall not intertere with the public's right of 
access to the waterfront where such access has been established 
through donation, acquisition, express or implied dedication or 
prescriptive easement. 

(b) Public beach nourishment projects funded by the state 
and federal government must include provisions for adequate 
public access within the vicinity of the project based on 
applicable Division of Coastal Management standards. 

(c) Policies regarding state and federal properties with 
waterfront areas intended to be used by the public must provide 
for public access and adequate parking so as to achieve 
maximum public use and benefit of these areas consistent with 
established legislation. 

(d) Local governments are encouraged to participate in the 
Public Beach and Coastal Waterfront Access Program as 
authorized by G.S. 113A-134.1 - 113A-134.3. The access 
program is intended to serve both year-round and seasonal 
users. In determining parking needs for access, particularly for 
day visitor destination beaches, local governments may use the 
peak seasonal population estimate provided in their land use 
plan as set out in 7B .02 1 1 . 

(e) Public access projects shall be consistent with public 
access policies contained in the local government's land use 
plan as required in 15A NCAC 7B .0212(aK3)(x) of this 
Chapter or in its local waterfront access plan. If a local access 
plan does not exist, a local recreation plan that addresses public 
access may provide guidance as to local needs. 

(f) Local governments with public access sites funded by the 
Division of Coastal Management pursuant to G.S. 1 13-134.3 
may charge reasonable user fees as long as those fees are used 
exclusively for operation and maintenance of the access facility. 
Funding from others agencies or sources may cariy different 



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APPROVED RULES 



regulations about user fees. Other regulations, including 
schedules of operation, may also be established. 

(g) Local governments shall have lead responsibility for the 
selection of public access sites within their jurisdiction. Access 
shall be based on identified needs as stated in h'lnd use plans 
approved pursuant to I5A NCAC 7B .0216 of this Chapter and 
local waterfront access plans. The Division of Coastal 
Management may provide some assistance in determining the 
location of regional and multi-regional sites. 

(h) The primary purpose of the public access program is to 
provide funds to acquire or develop land for pedestrian access, 
including parking as authorized by G.S. 113A-134.3(c). 
Boating and fishing facilities may be funded, provided 
pedestrian access is the primary objective of the proposed 
project. 

(i) Local governments are encouraged to plan for and 
develop ocean access areas that provide convenient access 
opportunities along the entire length of the shoreline within its 
jurisdiction. In preparing land use plan policies on public 
beach access pursuant to 15A NCAC 78 .0212(3)(B)(x) of this 
Chapter, local governments are encouraged to consider the 
following guidelines: 

(1) Local/Neighborhood Access Sites-one - one per 
block in the community; 

(2) Regional Access Sites - one per locality or one per 
four miles, whichever yields the most public access; 

(3) Multi-regional Access Sites - one per barrier island 
or one per 10 miles whichever yields the most public 
access. 

(j) In preparing land use plan policies on public waterfront 
access pursuant to 15A NCAC 7B .0212(3)(B)(x) of this 
Chapter, local governments are encouraged to consider the 
following guidelines: 

(T) Local Access Sites - one per block; 

(2) Neighborhood Access Sites - one per 50 dwelling 
units; 

(3) Regional Access Sites - one per local government 
jurisdiction; 

(4) Multi-regional Access Sites - one per coastal county. 
Parking facilities for these projects shall be based on 
seasonal population estimates. 

(k) Pursuant to G.S. 113A-134.3(a), local governments shall 
give priority to the acquisition of unbuildable lots for public 
access purposes. 

(1) The construction of facilities other than parking, litter 
receptacles, and public access signs is not encouraged in inlet 
beach areas. 

History Note: Authority G.S. 113A-124: 113A-134.1: 

113A-134.3; 153A-227{a): 160A-314(a); 16 U.S.C. Sec. 1453; 

Ejf. March 1. 1979: 

Amended Eff. March 1. 1988: March 1, 1985: July 1, 1982: 

RRC Objection due to lack of necessity and unclear language 

Ejf. October 17. 1991: 

Amended Ejf. January L 1998: March I. 1992. 

CHAPTER 8 WATER POLLUTION CONTROL 



SYSTEM OPERATORS 
CERTIFICATION COMMISSION 

SUBCHAPTER 8F - CERTIHCATION OF 

OPERATORS OF ANIMAL WASTE 

MANAGEMENT SYSTEMS 

SECTION .0200 - DUTIES AND REQUIREMENTS 

.0203 DUTIES AND REQUIREMENTS OF AN 
OPERATOR IN CHARGE 

(a) An Operator in Charge of any animal waste management 
system shall: 

(1) possess a currently valid certification as an Animal 
Waste Management System Operator of the 
appropriate type; 

(2) visit, and inspect each animal waste management 
system at a frequency sufficient to ensure proper 
operation of the system; and 

(3) be responsible for the proper application of the 
animal waste; properly manage, supervise and 
document daily operation and maintenance of the 
system; and certify monitoring and reporting 
information as prescribed in the permit. 

(b) The Operator in Charge or a designated back-up 
Operator in Charge of a Type A Animal Waste Management 
System shall: 

(1) ensure that animal waste is applied in accordance 
with the animal waste management plan and the 
permit issued for the animal operation; 

(2) inspect, or a person under the supervision of an 
Operator in Charge or designated back-up Operator 
in Charge shall inspect, the land application site at 
least every four hours during the application of 
animal waste; and 

(3) inspect the land application site within 24 hours of 
the application of animal waste if the Operator in 
Charge was not present during the application of 
animal waste. 

(c) The Operator in Charge or a designated back-up Operator 
in Charge of a Type B Animal Waste Management System 
shall: 

(1) ensure that animal waste is applied in accordance 
with the animal waste management plan and the 
permit issued for the animal operation; 

(2) inspect, or a person under the supervision of an 
Operator in Charge or designated back-up Operator 
in Charge shall inspect, the land application site 
during the application of animal waste; and 

(3) inspect the land application site within 48 hours of 
the application of animal waste if the Operator in 
Charge was not present during the application of 
animal waste. 

(d) Any certified operator that contracts with an owner to 
serve as Operator in Charge shall submit an aimual report to the 
Certification Commission in accordance with G.S. 90A-45(c). 
This report shall be submitted on or before January 15 of each 



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APPROVED RULES 



\ear and shall include the following information: 

(1) the name of the cenified operator, mailing address, 
phone number, and certificate number(s): and 

(2) the name, mailing address, county, and facility 
identification number, and t\pe of each animal waste 
management system for which the certified operator 
has been designated as Operator in Charge. 

Hiswn.- Note: Authonn G.S. 90A-47: 143B-300; 
Temporary Adoption Eff. January 7, 1997: 
E ff. August 1. 1998. 



TITLE 16 - DEP.\RTMENT OF 
PLfBLIC EDUCATION 

CHAPTER 6 - ELE.MENT.\RY AND 
SECONDARY EDUCATION 

SUBCHAPTER 6C - PERSONTsEL 

SECTION .0300 - CERTinC.A.TION 

.0307 CERTinCATE RENEWAL 

(a) Certificates shall be valid for a period of five years from 
the effective date of issuance. Holders must renew their 
certificates within each five-\ear period. The Depanment shall 
apply renewal credit to the person's certificate field(s) and 
professional duties. 

(b) The Depanment shall base renewal or reinstatement of 
a certificate on 15 units of renewal credit. A unit of credit is 
equal to one quarter hour or two-thirds of a semester hour of 
IHE credit, or one school \ear of teaching experience. The 
Department shall not record less than one credit on a cenificate. 
For their own emplo\ees. LE.'Xs may approve staff development 
activities that carr.' less than one unit of credit. 

(c) Currently emplo>'ed personnel shall maintain a 
professional growth plan. These persons may obtain renewal 
credit for the following acti\ities: 

(1) college or university credit activities; 

(2) teaching experience (one unit for every year); 

(3) local in-sep.ice courses or workshops which earn,' at 
least one unit of renewal credit and which meet the 
following criteria: 

(A) ten clock hours of direct training b\' the 
instructor will equal one unit of renewal 
credit; 

(B) content and instructional acti\ities designed in 
a sequential maimer to develop specified 
competencies of a specific population; 

(C) led b\' instructional personnel directh' 
supervised b>' the sponsoring school unit; and 

(D) credit is granted on the basis of program 
completion and achievement of specified 
individual performance, which is determined 
by individual evaluation for specified 
competencies; 



(4) independent study of no more than five units of 
renewal credit per five->'ear renewal period which 
meets the following criteria: 

(A) teachers and other certified personnel help to 
develop local independent study procedures 
which the superintendent keeps on file and 
periodicalh' sends to each cenified employee; 
and 

(B) the employee and the superintendent or his or 
her designee plan the experience in advance, 
including identification of competencies to be 
acquired and an e%aluation to determine 
satisfactory achievement of those 
competencies. 

(d) Each LEA and approved governing boards of schools are 
responsible for assuring that all local courses and workshops 
and independent study activities which do not cany IHE credit 
meet the standards contained in this Rule. 

(e) Agencies which the Depanment authorizes to administer 
renewal requirements locally shall adopt a procedure to 
determine the appropriateness of credit in advance of the 
renewal activity. In determining appropriateness the agency 
must consider direct relationship to critical job responsibilities, 
suitability of the content level and properh- established credit 
for the activity. Each agency must repon on panicipation in 
and effectiveness of renewal activities as the Depanment 
requests. 

(f) Persons who hold a Nonh Carolina cenificate but who 
are not cunently employed in the public schools or by approved 
boards may earn renewal credit in college or university credit 
activities, or local courses and workshops on the same basis as 
currenth' employed persons. 

Histor\ Note: Authority G.S. 115C-12(9)(a): 

N.C. Constitution. Article IX. Sec. 5; 

Eff. July 1, 1986: 

Amended Eff. January- 2, 1998: Jul\ 1. 1994: December 1. 

1991. 

SUTBCH-\PTER 6D - CVSTRUCTION 

SECTION .0100 - CLURICUT.U'M 

.0103 GRADUATION REQUIREMENTS 

(a) In order to graduate and receive a high school diploma, 
public school smdents must meet the requirements of Paragraph 
(h) and attain passing scores on competency tests adopted b> 
the SBE and administered by the LE.^. Students who satisfs' all 
state and local graduation requirements but who fail the 
competency tests will receive a cenificate of achievement and 
transcript and shall be allowed by the LEA to panicipate in 
graduation exercises. 

(1) The passing score for the competency test, which is 
the same as grade-level proficiency as set fonh in 
Rule .0304 of this Subchapter, shall be level III or 
higher. The four possible levels of achievement on 
these tests and for all tests administered pursuant to 



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Section .0300 of this Subchapter shall be: 

(A) Level I - fails to achieve at a basic level. 
Students performing at this level do not have 
sufficient mastery of knowledge and skills in 
this subject area to be successful at the next 
grade level. 

(B) Level II - achieves at a basic level. Students 
performing at this level demonstrate 
inconsistent mastery of knowledge and skills 

-that are fundamental in this subject area and 
that are minimally sufficient to be successful 
at the next grade level. 

(C) Level III - achieves at a proficient level. 
Students performing at this level consistently 
demonstrate mastery of grade level subject 
matter and skills and are well prepared for the 
next grade level. 

(D) Level IV - achieves at an advanced level. 
Students performing at this level consistently 
perform in a superior manner clearly beyond 
that required to be proficient at grade level 
work, 

(2) Special education students may apply in writing to be 
exempted from taking the competency tests. Before 
it approves the request, the LEA must assure that the 
parents, or the child if aged 18 or older, understand 
that each student must pass the competency tests to 
receive a high school diploma. 

(3) Any student who has failed to pass the competency 
tests by the end of the last school month of the year 
in which the student's class graduates may receive 
additional remedial instruction and continue to take 
the competency tests during regularly scheduled 
testing until the student reaches maximum school 
age. 

(b) In addition to the requirements of Paragraph (a), students 
must successfully complete 20 course units in grades 9-12 as 
specified below. 

(1) Effective with the class entering ninth grade for the 
1998-99 school year, the 20 course units must 
include: 

(A) four units in English, which must be English 
I, II, III, and IV; 

(B) three units in mathematics, one of which must 
be Algebra I; 

(C) three units in social studies, one of which 
must be in government and economics, one in 
United States history and one in world studies; 

(D) three units in science, one of which must be 
biology, one a physical science, and one 
earth/environmental science; 

(E) one unit in physical education and health; and 

(F) six units designated by the LEA, which may 
be undesignated electives or courses 
designated from the standard course of study. 

(2) LEAs may count successful completion of course 
work in the ninth grade at a school system which 



does not award course units in the ninth grade toward 
the requirements of this Rule. 

(3) LEAs may count successful completion of course 
work in grades 9-12 at a summer school session 
toward the requirements of this Rule. 

(4) LEAs may count successful completion of course 
work in grades 9-12 at an off-campus institution 
toward the requirements of this Rule. No high school 
may approve enrollment in post-secondary 
institutions during the regular school year in excess 
of five percent of its enrollment in grades 10-12 
except as allowed by the SBE. 23 NCAC 2C .0301 
governs enrollment in community college 
institutions. 

(c) Effective with the class of 2002, all students must 
demonstrate computer proficiency as a prerequisite for high 
school graduation. The passing scores for this proficiency shall 
be 47 on the multiple choice test and 49 on the performance 
test. This assessment shall begin with all eighth graders during 
the 1997-98 school year. A student with disabilities shall 
demonstrate proficiency by the use of a portfolio if this method 
is required by the student's lEP. 

(d) Effective with the class entering ninth grade for the 
1992-93 school year, special needs students as defined by G.S. 
1 15C-109, excluding gifted and pregnant, who do not meet the 
requirements for a high school diploma will receive a 
graduation certificate and shall be allowed to participate in 
graduation exercises if they meet the following criteria: 

(1) successful completion of 20 course units by general 
subject area (4 English, 3 math, 3 science, 3 social 
studies, I health and physical education, and 6 local 
electives) under Paragraph (b). These students are 
not required to pass the specifically designated 
courses such as Algebra I, Biology or United States 
history, 

(2) completion of all lEP requirements. 

Histon Note: Authority G.S. 115C-12(9)c.; 115C-81(a); 

115C-180; N.C. Constitution. Article IX. Sec. 5; 

Eff. July 1. 1986: 

Amended Eff. Januar\- 2, 1998: January 1, 1993: July 1, 1992. 

SECTION .0300 - TESTING PROGRAMS 

.0301 TESTING REQUIREMENTS AND 
OPPORTUNITIES 

(a) All public school students enrolled in the grades for 
which the SBE adopts a test, including every child with 
disabilities, shall participate in the testing program unless 
excluded from testing as provided by 16 NCAC 60 .0305(g). 

(b) All public students enrolled in the 10th, 11th and 12th 
grade shall have at least one opportunity each school year to 
take the competency tests. LEAs shall administer the tests so 
that any student who does not pass the tests shall have an 
opportunity to receive remediation. A student who attains a 
passing score, as defined in 16 NCAC 6D .0103(a)(1), on a 
portion of the competency test does not need to retake the test. 



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1652 



APPROVED RULES 



The LEA shall develop plans to provide remedial sendees to 
students who fail any of the competency tests, or who are 
identified as having a high risk of failing. The LEA shall 
design the plan to meet the needs of individual students. 

Hisron Noie: Auihorin G.S. 1 15C-12(9!c.; 

Eff. July 1. 1986: 

Amended Eff. Janiian 2^ 1998: June 1. 1996. 

SL^CHAPTER 6G - EDUCATION AGENCY 
RELATIONS 

SECTION .0300 - PERFORM.\NCE-BASED 
ACCOLTvTABILITY PROGRAMS 

.0305 AN"NXAL PERFORMANCE ST.ANT).ARDS, 
GRADES K-8 

(a) For purposes of this Section, the following definitions 
shall apply to kindergarten through eighth grade: 

(1) "Accountability measures" are SBE-adopted tests 
designed to gauge student performance and 
achievement. 

(2) " bg" means the state average rate of growth used in 
the regression formula for the respective grades and 
subjects. The values for bg shall be as follows: 

(A) for reading: 



(3) 



(4) 



(5) 



(i) 

(ii) 

(iii) 

(iv) 

(V) 
(VI) 



6.0 for grade 3 

5.2 for grade 4 

4.6 for grade 5 
3.0 for grade 6 

3.3 for grade 7 

2.7 for grade 8 



and 



(6) 



(B) for mathematics: 

(i) 11.9 for grade 3: 

(ii) 7.3 for grade 4; 

(iii) 7.4 for grade 5; 

(iv) 7.1 for grade 6; 

(v) 6.5 for grade 7; and 

(vi) 4.9 for grade 8. 
b." means the value used to estimate true 
proficiency in the regression formula. The values for 
b| shall be 0.22 for reading and 0.26 for 
mathematics. 

" b;" means the value used to estimate regression to 
the mean in the regression formula. The values for b. 
shall be -0.60 for reading and -0.58 for mathematics. 
"Compliance commission" means that group of 20 
persons selected b\- the SBE to advise the SBE on 
testing and other issues related to school 
accountabilit)' and improvement. The commission 
shall be composed of five teachers, five principals, 
four central office staff representatives, two local 
school board representatives, and four at-large 
members who represent parents, business, and the 
communit}'. 

"Composite score means a summary of student 
performance in a school in reading, writing, and 



mathematics. 

(7) "Eligible students" means the total number of 
students in membership minus the number of students 
e.xempted from testing. 

(8) "E.xpected growth" means the amount of growth in 
smdent performance that is projected through use of 
the regression formula. 

(9) "E.xemplar\- growth" means the amount of growth in 
smdent performance that is projected through use of 
the regression formula that includes the state average 
rate of growth adjusted by an additional ten percent 
(10%)." 

(10) "Growth standards" are the benchmarks set annually 
by the SBE to measure a school's progress by use of 
the regression formula and the composite score and 
are equivalent to expected growth. 

(11) "IRM" is the index for regression to the mean used 
in the regression formula. The SBE shall compute the 
IRM for reading by subtracting the Nonh Carolina 
average reading scale score from the local school 
average reading scale score. The SBE shall compute 
the IRM for mathematics by subtracting the North 
Carolina average reading scale score from the local 
school average mathematics scale score. The SBE 
shall base the state average 

(\2) "ITP" is the index for true proficiency used in the 
regression formula. The SBE shall compute the ITP 
by adding the North Carolina average scale scores in 
reading and mathematics and subtracting that sum 
from the addition of the local school average scale 
scores in reading and mathematics. The SBE shall 
base the state average on data from the 1994-95 
school year. 

(13) " Performance standards " are the percent of students 
in a school who are at or abo\e grade le\el as that 
term is defined by 16 NCA(: 6D .0304. In 
determining the number of students who are 
performing at or above grade level at a school, the 
SBE shall:" 

(A) determine the number and percentage of 
students who are at Level III or I\' in each 
content area (reading, mathematics and 
writing) across grades; and 

(B) total the numerators for the various content 
areas, total the denominators for the various 
content areas, and calculate the total 
percentage (composite) performance standard. 

(14) "Regression formula" means a formula that defines 
one variable in terms of one or more other variables 
for the purpose of making a prediction or 
constructing a model. 

(15) "Standard deviation" is a statistic that indicates how 
much a set of scores vary. The values used in 
determining the composite score shall be based on 
data from the 1993-94 school >ear. 

lb) In carrying out its duty under G.S. 115C-105.35 to 
establish annual performance goals for each school, the SBE 



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shall use both growth standards and performance standards. The 
SBE shall calculate the expected growth rate for an individual 
school by using the regression formula "Expected Growth = b„ 
+ (b, xITP) + (b, X IRM)." 

(c) Schools shall be accountable for student perfonnance and 
achievement. To be included in accountability measures for the 
growth standard, a student in grade three through grade eight 
must; 

(1 ) have a pre-test score and a post-test score in reading 
and mathematics. Students in grades four or seven 
with writing scores shall also be included. 

(2) have been in membership more than one-half of the 
instructional period (91 of 180 days for regular 
schedules or 46 of 90 days for semester or block 
schedules). 

(3) Students shall be included in the performance 
standard if they have reading, mathematics, or 
writing scores without reference to pretest scores or 
length of membership. 

(d) The SBE shall include in the accountability system on the 
same basis as all other public schools each alternative school 
with an identification number assigned by the Department. Test 
scores for smdents who attend programs or classes in a facility 
that does not have a separate school number shall be reported 
to and included in the students' home schools. 

(e) Each school shall test at least 98 percent of its eligible 
students. If a school fails to test at least 98 percent of its 
eligible students for two consecutive school years, the SBE may 
designate the school as low-performing and may target the 
school for assistance and intervention. Each school shall make 
public the percent of eligible students that the school tests. 

(f) All students who are following the standard course of 
study and who are not eligible for exemption as set out in 
Paragraph (g) of this Rule shall take the SBE-adopted tests. 
Every student, including those students who are exempted from 
testing, shall complete or have completed an answer document 
(except in writing). Both the school and the LEA shall maintain 
records on the exemptions of students from testing. The 
Department may audit these records. 

(g) Individual students may be exempted from SBE-adopted 
tests as follows: 

( 1 ) Limited English proficient students may be exempted 
for up to two years beginning with the time of 
enrollment if the student's English language 
proficiency has been assessed as novice/low to 
intermediate/low in listening, reading, and writing. 
A student whose English language proficiency has 
been assessed as intermediate/high or advanced may 
be exempted from tests in which the student writes 
responses for up to two years. LEAs shall use other 
assessment methods for exempted students to 
demonstrate that these students are progressing in 
English and other subject areas. 

(2) Students with disabilities may be exempted on an 
individual basis if the exemption is stated in the 
student's lEP and if the student is not following the 
standard course of study. If a smdent with disabilities 



is exempted from testing in one subject but is 
included in testing for the remaining subjects, that 
student shall be included in the school's 98 percent 
tested requirement. The parent or guardian, or the 
student if over age 18, shall sign a written consent 
for test exemption that certifies that the parent, 
guardian, or student understands that the exemption 
for the eighth grade tests may cause the student not 
to be eligible to receive a high school diploma, 
(h) LEAs shall administer alternative assessments to students 

who are exempted from testing to demonstrate mastery of 

course or specific curriculum content, 
(i) The SBE shall calculate a school's expected growth 

composite in smdent performance using the following process; 

(1) Calculate the indices for writing (separately) for the 
three most current years for achievement levels as 
defined by 16 NCAC 6C .0103(a)(1) as follows; 

(A) Multiply the percent of students at level IV by 
3. 

(B) Multiply the percent of students at level III by 
2. 

(C) Determine the percent of students at level II. 

(D) Add the three numbers together and divide by 
three. 

(E) Determine the difference in scores that is 
greatest by subtracting the index two years ago 
from the most recent index and then by 
subtracting the index for the prior school year 
from the most recent index. Multiply the 
resulting difference by one half. 

(2) Review expected and exemplary growth standards for 
reading and mathematics at each grade level included 
in the state testing program. 

(3) Determine the actual growth in reading and 
mathematics at each grade level included in the state 
testing program, using data on groups of matched 
students. 

(4) Subtract the expected growth from the actual growth 
in reading and mathematics at each grade level 
included in the state testing program. In writing, one 
tenth ( . 1 ) must be subtracted from the greater of the 
two writing differences. 

(5) Divide the differences for reading, writing, and 
mathematics by the standard deviations of the 
respective differences in growth at each grade level 
to determine the standardized growth score. 

(6) Add the expected standardized growth scores for 
reading and mathematics at each grade level from 
grade 3 to 8, and for writing at grades 4 and 7. If the 
resulting number is zero or above, the school has met 
the expected growth standard. 

(7) To determine the composite score for exemplary 
standards; 

(A) Subtract the exemplary growth from the actual 
growth standard in reading and mathematics at 
each grade level included in the state testing 
program. In writing, one tenth (.1) must be 



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1654 



APPROVED RULES 



subtracted from the greater of the two writing 
differences. 

(B) Divide the difference in growth for reading, 
writing, and mathematics by the standard 
deviations of the respective differences in 
growth at each grade level to determine the 
standardized growth score. 

(C) Add the exemplar^' standardized growth scores 
for reading and mathematics at each grade 
level from grade 3 to 8, and for writing at 
grades 4 and 7. If the resulting number is zero 
or above, the school has met the exemplary 
growth standard. 

(j) If school officials believe that the school's growth 
standards were unreasonable due to specific, compelling 
reasons, the school may appeal its growih standards to the SBE. 
The SBE shall appoint an appeals committee composed of a 
panel selected from the compliance commission to review 
written appeals from schools. The school officials must clearly 
document the circumstances that made the goals unrealistic and 
must submit its appeal to the SBE within 30 days of receipt of 
notice from the Department of the school's performance. The 
appeals committee shall review all appeals and shall make 
recommendations to the SBE. The SBE shall make the final 
decision on the reasonableness of the growth goals. 

History Note: Authorm- G.S. 1 15C-12(9)c4; 
Eff. January 2. 1998. 

.0306 IDENTinCATION OF LOW-PERFORMING 
SCHOOLS 

The SBE shall identify' a school as low-performing if its 
expected growth composite score is less than zero and its 
composite performance score is less than 50 percent. 



History Note: 
Eff. Januar\- 2^ 



Authority G.S. 1 15C-12(9)c4; 
1998. 



.0307 ASSISTANCE TEAMS 

(a) When performing its duties under G.S. 115C-105.38, 
each assistance team appointed by the SBE shall act in an 
advisory capacity to local school personnel, local school 
boards, and the SBE. 

(b) Local boards of education and local school employees 
shall cooperate with assistance teams in the performance of 
their duties. 

(c) Members of the assistance teams shall be subject to all 
confidentiality requirements that apply to local school 
employees. 

(d) In the event of a disagreement between the assistance 
team and the school improvement team, the assistance team 
may request help from the central office and the local board of 
education. 

(e) In carrying out its duty to evaluate employees, members 
of the assistance team shall: 

(1) be familiar with and follow the provisions of G.S. 
115C-326: 



(2) use the appropriate form of the performance 
evaluation for the category of personnel being 
evaluated, such as teachers, support personnel, and 
administrators: 

(3) share its evaluation and recommendations with each 
employee and the employee's supervisor; and 

(4) notify the SBE of the evaluations for an employee 
who receives two consecutive evaluations by the 
assistance team that include findings and 
recommendations regarding the employee's 
inadequate performance. 

(f) An assistance team that is assigned by the SBE to a low- 
performing school may at any time recommend to the SBE that 
a teacher, assistant principal, director, or supervisor be 
dismissed or demoted for one or more of the grounds 
established in G.S. 115C-325(e)(l). The SBE shall provide 
written notice to the employee of the grounds for the 
recommendation for dismissal or demotion. 

(g) In reviewing evaluations of a local school employee, the 
SBE may deem the evaluations of the assistance team to 
supersede previous evaluations of the employee. 

History Note: Authority G.S. 1 15C-12(9)c4; 
Eff. January 2. 1998. 



.0308 DUE PROCESS PROTECTIONS 

(a) At any hearing conducted by a panel of the SBE pursuant 
to the provisions of G.S. 1 15C-325fq)(l) or (q)(2), the panel 
shall sit as an impanial tribunal to receive evidence and to 
decide on the basis of that evidence whether the principal, 
assistant principal, teacher, supervisor, or director, hereafter 
referred to as "the employee," shall be dismissed. The 
assistance team assigned to the school where the employee was 
assigned shall present its case against the employee. 

(b) Both the employee and the assistance team shall have the 
right: 

(1) to be represented by counsel at the hearing; 

(2) to subpoena witnesses and documents; 

(3) to examine and cross-examine witnesses under oath; 
and 

(4) to present relevant evidence using witnesses and 
documents. 

(c) The panel of the SBE which conducts the hearing shall: 

(1) give written notice to the parties of the time and 
place of the hearing; 

(2) make a complete record of the evidence received 
during the hearing; and 

(3) issue subpoenas for witnesses and documents on 
behalf of any party to the proceedings. 

(d) Except in the case of a principal who has been suspended 
pursuant to the provisions of G.S. 1 15C-1 15C-325(q)( 1 ), the 
assistance team shall have the burden of proof at the hearing. A 
principal who has been suspended pursuant to the provisions of 
G.S. 1 15C-1 15C-325(q)( 1 ) shall have the burden of proof. 

(e) Either the employee or the assistance team may within 10 
days of notification of the panel's decision give notice of appeal 
to the full SBE. The appeal shall be on the record with no 



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arguments by counsel except in the form of written briefs of no 
more than 25 pages. The SBE shall consider the appeal at its 
next regularly-scheduled meeting that is at least 20 days 
following receipt of notice of the appeal and shall render a 
decision within 30 days unless the SBE determines that good 
cause, as defined by 26 NCAC 03 .0118, exists to extend the 
period or the parties agree to extend the period. The panel 
which sat and decided the case shall not be excluded from the 
full SBE hearing. Appeal from the SBE decision shall be in 
accordance with G.S. 150B. 

(f) If the SBE appoints an interim superintendent, revokes 
the superintendent's license, or dismisses the superintendent 
pursuant to G.S, 115C-105. 39(c), the superintendent shall not 
have the right to a hearing under this Rule but shall have the 
right to file a contested case petition pursuant to the provisions 
of G.S. 150B. The SBE shall make written findings to support 
any of these actions taken pursuant to the provisions of G.S. 
115C-105. 39(c). 

(g) If the SBE revokes or refuses to renew a teacher's license 
pursuant to G.S. 1 15C-296(d), the procedures set forth in 16 
NCAC6C .0312 shall apply. 

History Note: Authority G.S. 1 15C-12(9)c4.: 115C-325; 
Eff. Januar\ 2. 1998. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 32 - BOARD OF MEDICAL EXAMINERS 

SUBCHAPTER 32H - EMERGENCY MEDICAL 
SERVICES ADVANCED LIFE SUPPORT 

SECTION .0100 - GENERAL INFORMATION 

.0102 DEFINITIONS 

The following definitions apply in this Subchapter: 

(1) "Audit and review panel" means a committee 
composed of representatives of the medical, nursing, 
administrative, county government, and prehospital 
care service elements of an advanced life support 
(ALS) program that has the responsibility for the on- 
going monitoring and evaluation of the program. 
The chairman of the panel shall be a physician and a 
majority of the voting members shall be physicians. 

(2) "Medical Crew Member" means a physician, 
registered nurse, EMT-paramedic, EMT- 
intermediate, EMT-defibrillation technician, or EMT 
who holds a current North Carolina license or 
certification and who has completed additional 
training in altitude physiology, EMS 
communications, in-flight emergencies, and aircraft 
and flight safety conducted under the direct guidance 
of the medical director. 

(3) "Emergency medical technician-defibrillation (EMT- 
D)" means a person specially educated in a program 
approved by the Office of Emergency Medical 



Services who has been certified or recertified by the 
North Carolina Medical Board as qualified to render 
the services enumerated in Rule .0407 of this 
Subchapter. 

(4) "Emergency medical technician-intermediate (EMT- 
D" means a person specially educated in a program 
approved by the Office of Emergency Medical 
Services who has been certified or recertified by the 
North Carolina Medical Board as qualified to render 
the services enumerated in Rule .0403 of this 
Subchapter. 

(5) "Emergency medical technician-paramedic (EMT-P)" 
means a person specially educated in a program 
approved by the Office of Emergency Medical 
Services who has been certified or recertified by the 
North Carolina Medical Board as qualified to render 
the services enumerated in Rule .0402 of this 
Subchapter. 

(6) "Advanced Life Support Professional (ALS 
Professional)" means a certified emergency medical 
dispatcher, emergency medical technician- 
defibrillation, emergency medical technician- 
intermediate, or emergency medical technician- 
paramedic whether working on a paid or volunteer 
basis. 

(7) "Medical control" means the management and 
accountability for the medical care aspects of an ALS 
program. It entails physician direction and oversight 
of the initial education and continuing education of 
the ALS professionals; development and monitoring 
of both operational and treatment protocols; 
evaluation of the medical care rendered by ALS 
professionals; participation in system evaluation; and 
directing, by radio or telephone, the medical care 
rendered by the ALS professionals. 

(8) "Medical director" means the physician responsible 
for the medical aspects of the management of an ALS 
program. 

(9) "Mobile intensive care nurse (MICN)" means a 
registered nurse who has been approved or 
reapproved by the North Carolina Medical Board to 
issue instructions to ALS professionals in accordance 
with protocols approved by the sponsor hospital and 
under the direction of the medical director. 

(10) "Advanced life support program (ALS program)" 
means a program of prehospital emergency medical 
care whereby definitive medical care is delivered to 
a victim of sudden injury or illness by appropriately 
educated and certified ALS professionals operating 
under the direction of a sponsor hospital. All ALS 
programs shall conform to the criteria established in 
the rules contained in this Subchapter and shall be 
approved by the Office of Emergency Medical 
Services. 

(11) "Mobile intensive care unit" means any emergency 
vehicle staffed by ALS professionals and equipped in 
accordance with standards established by the North 



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APPROVED RULES 



Carolina Medical Care Conunission as found in 10 
NCAC 3M .0202. .0203, .0204, and .0207 lo 
provide remote intensive care to sick and injured 
persons at the scene of a medical emergency and 
during transport to a health care facility. 

(12) "Oral interview panel" means a committee composed 
of physicians, ALS professionals certified at or above 
the level of application and may include other 
medical personnel such as registered nurses and 
mobile intensive care nurses involved in the ALS 
program. The responsibility of the oral interview 
panel is to interview each applicant for certification, 
either collectively or individually, and evaluate the 
suitability to perform successfully at the certification 
level sought. The panel shall be approved by the 
medical director and consist of a minimum of three 
members including one physician and one ALS 
professional, 

(13) "Office of Emergency Medical Services" means an 
official agency of the State of North Carolina, 
Department of Health and Human Services, that 
serves in an administrative capacity to the North 
Carolina Medical Board. 

(14) "Physician" means an individual licensed by the 
North Carolina Medical Board to practice medicine 
in the State of North Carolina. 

(15) "Sponsor hospital" means a hospital and its medical 
staff which participates in an ALS program and has 
responsibility for providing or ensuring the provision 
of initial education, continuing education, and 
medical control to the ALS professionals. The 
sponsor hospital shall meet criteria adopted by the 
North Carolina Medical Board and be approved by 
the Office of Emergency Medical Services. 

(16) "Study project" means a proposal involving 
exceptions to the provisions of this Subchapter for 
the purpose of evaluating the efficiency and 
effectiveness of alternate means of providing ALS 
services to the citizens of North Carolina. 

(17) "Blind insertion airway device" means an airway 
adjunct designed to be used as a pharyngotracheal or 
esophageal device which is inserted without the use 
of direct visualization. For the purposes of these 
Rules, this definition does not include esophageal 
obturator airways, esophageal gastric tube airways, 
or endotracheal tubes. 

(18) "Coding" means the selection and assignment of an 
alphanumeric classification to a call for medical 
assistance by an EMD. 

(19) "Emergency Medical Dispatcher (EMD)" means a 
trained public safety telecommunicator with 
additional training and specific emergency medical 
knowledge essential for the efficient management of 
emergency medical service communications who has 
successfully completed an education and training 
program meeting the criteria established by the 
Oftlce of Emeraencv Medical Services and who 



(20) 



(21) 



(22) 



(23) 



(24) 



functions as an agent or constituent of an Emergency 
Medical Dispatch Program approved by the Office 
of Emergency Medical Services. 
"Emergency Medical Dispatching" means the 
reception and management of requests for emergency 
medical assistance. 

"Emergency Medical Dispatch Program" means the 
approved program with procedures established for 
the management and delivery of emergency medical 
assistance by a public or private agency that sends 
emergency medical assistance to requesting persons 
and provides pre-arrival instructions for a victim of 
sudden injury or illness. 

"Emergency Medical Dispatch Priority Reference 
System (EMDPRS)" means a medically approved 
written or computer generated reference system used 
by an emergency medical dispatching agency to 
provide medical direction, and to dispatch aid to 
medical emergencies. 

"EMD selection" means the process which 
establishes criteria to identify a candidate for 
education and training as an Emergency Medical 
Dispatcher (EMD). 

"Pre-arrival instructions" means telephone rendered, 
medically approved written instructions read by 
emergency medical dispatchers to callers, which help 
provide aid to the victim and control the situation 
prior to patient access by pre-hospital care providers. 
"Public Safety Telecommunicator" means an 
individual trained to communicate by electronic 
means with persons seeking emergency assistance 
and with public or private agencies and individuals 
providing such assistance. 

"Approved Teaching Institution" means an agency 
with a current contract with the Office of Emergency 
Medical Services to provide emergency medical 
sei"vices educational programs. Approved teaching 
institutions must meet the criteria in accordance with 
10 NCAC 3D .1201. 

"Physician Assistant (PA)" means a physician 
assistant who has been licensed by the North 
Carolina Medical Board and approved by the Office 
of Emergency Medical Services to issue instructions 
to ALS professionals in accordance with protocols 
approved by the sponsor hospital and under the 
direction of the medical director. 
"Nurse Practitioner (NP)" means a nurse who is 
licensed by the North Carolina Board of Nursing and 
approved to perform medical acts by the North 
Carolina Medical Board and the North Carolina 
Board of Nursing and approved by the Office of 
Emergency Medical Services to issue instructions to 
ALS professionals in accordance with protocols 
approved by the sponsor hospital and under the 
direction of the medical director. 



Histon Note: AuthoriTx G.S. 143-514; 



(25) 



(26) 



(27) 



(28) 



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I 



Eff. October 31. 1980; 

Amended Eff. August L 1998: August 1, 1996: July 1. 1996; 

April 1. 1993; May 1. 1989; May 1. 1988. 

SECTION .0200 - PROGRAM STANDARDS 
AND APPROVAL 

.0201 ADVANCED LIFE SUPPORT PROGRAM 
CRITERIA 

ALS programs shall cover a defined service area and shall 
have the following: 

(1) a plan, as specified in Rule .0302 of this Subchapter, 
for the coordination of the sponsor hospitals 
participating in the program; 

(2) a designated medical director who shall be 
responsible either directly or by delegation to the 
other licensed physicians at the sponsor hospital(s) 
for the following: 

(a) the establishment, approval and periodic 
updating of treatment protocols or EMDPRS 
for emergency medical dispatch programs; 

(b) medical supervision of the selection, initial 
education, continuing education and 
performance of the ALS professionals, MICN, 
physician assistant and nurse practitioner 
personnel; 

(c) the medical review of the care provided to 
patients; 

(d) keeping the care provided current with 
advanced biomedical science and technology; 
and 

(e) participation in the overall management of the 
ALS program in liaison with nursing, 
technical, and administrative staff of the 
program. The medical director shall have the 
authority to suspend temporarily, pending due 
process review, an ALS professional, MICN, 
physician assistant or nurse practitioner from 
further participation in the ALS program when 
it is determined the activities or medical care 
rendered by such personnel may be 
detrimental to the care of the patient; 

(3) an organized and defined system of communications 
that provides for: 

(a) public access through a central emergency 
communications center; 

(b) dispatch and coordination of all resources 
(manpower, vehicles and equipment) essential 
to the effective and efficient management of 
requests for emergency medical assistance; 

(c) communications linkages for interacting with 
other public safety agencies to obtain 
additional resources required to support 
emergency medical services activities; and 

(d) two-way voice communications as specified in 
Rule .0303(a)(2)(H) of this Subchapter 
between the ALS professionals and the 



personnel at the sponsor hospital responsible 
for directing the medical treatment rendered 
by the ALS professionals; 

(4) adequate certified manpower to ensure that the 
program will be continuously available on a 24 hour- 
a-day basis; and 

(5) an audit and review panel that meets at a minimum 
on a quarterly basis and whose responsibilities 
include at least the following: 

(a) reviewing ALS cases to determine the 
appropriateness of the medical care rendered 
by all personnel involved in the cases; 

(b) making recommendations to the medical 
director for the continuing education program 
for ALS personnel; 

(c) reviewing the policies, procedures and 
protocols of the ALS program and making 
recommendations for improvement; and 

(d) making recommendations for consideration by 
the sponsor hospital administratively 
responsible for the program regarding the 
appointment of the medical director. 

History Note: Authority G.S. 143-514; 

Eff. October 31, 1980; 

Amended Eff. August L 1998: August 1, 1996; July 1, 1996; 

April 1, 1993; May 7, 1989; May 1, 1988. 

SECTION .0400 - EDUCATION AND 

PERFORMANCE OF ADVANCED LIFE 

SUPPORT PERSONNEL 

.0402 EMERGENCY MEDICAL TECHNICIAN- 
PARAMEDIC PERFORMANCE 

EMT-Ps educated in approved programs, certified by the 
North Carolina Medical Board to perform medical acts, and 
functioning in an approved ALS program may do any of the 
following in accordance with the protocols established by their 
sponsor hospital: 

( 1 ) While at the scene of a medical emergency where the 
capability of continuous two-way voice 
communication is maintained with a physician, 
approved MICN, physician assistant or nurse 
practitioner located in the sponsor hospital, and upon 
order of such physician, MICN, physician assistant 
or nurse practitioner: 

(a) establish an intravenous line in a peripheral 
vein; 

(b) obtain blood for laboratory analysis; 

(c) administer in a fashion via a route approved 
by the program medical director any 
intravenous fluid or medication specified for 
use by EMT-Ps found in the North Carolina 
EMS Medication Formulary approved by the 
Office of Emergency Medical Services; 

(d) perform pulmonary ventilation by means of a 
blind insertion airway device or endotracheal 



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APPROVED RULES 



tube; 

(e) perform defibrillation or cardioversion; 

(0 perform chest decompression by needle 
thoracotomy; 

(g) use positive end expiratory pressure 
respirators; 

(h) perform cricothyrotomy; 

(i) perform gastric suction by intubation; 

(j) perform urinary catheterization; 

(k) perform external cardiac pacing; 

(1) establish an intraosseous infusion line in 
patients under 6 years of age and use it to 
administer any intravenous fluid or medication 
specified for use by EMT-Ps found in the 
North Carolina EMS Medication Formulary 
approved by the Office of Emergency Medical 
Services and approved by the program medical 
director for intraosseous infusion; 
(m) using previously established indwelling semi- 
permanent central venous catheters, administer 
any intravenous tluid or medication specified 
for use by EMT-Ps found in the Nonh 
Carolina EMS Medication Formulary 
approved by the Office of Emergency Medical 
Services; 

(n) place and maintain heparin or saline locks; and 

(o) perform rapid sequence endotracheal 
intubation. 
(2) When confronted with serious or life threatening 

clinical situations as defined in the patient care 

protocols established by the sponsor hospital of the 

ALS program and approved by the Office of 

Emergency Medical Services, perform as necessary 

under standing orders any of the following prior to 

contacting the sponsor hospital: 

(a) cardiopulmonary resuscitation; 

(b) defibrillation, cardioversion, or external 
cardiac pacing; 

(c) pulmonary ventilation by means of a blind 
insertion airway device or endotracheal tube; 

(d) establish an intravenous line in a peripheral 
vein; 

(e) establish an intraosseous infusion line in 
patients under 6 years of age and use it to 
administer any intravenous fluid or medication 
specified for use by EMT-Ps found in the 
North Carolina EMS Medication Formulary 
approved by the Office of Emergency Medical 
Services and approved by the program medical 
director for intraosseous infusion; 

(f) administer any intravenous fluid or medication 
specified for use by EMT-Ps on the North 
Carolina EMS Medication Formulary 
approved by the Office of Emergency Medical 
Services and approved by the medical director 
for use under standing orders; 

(g) perform chest decompression by needle 



thoracotomy; 
(h) perform cricothyrotomy; and 
(i) perform rapid sequence endotracheal 
intubation. 

(3) When transfering a patient who is receiving 
intravenous therapy begim at the transferring agency, 
and where the capability of continuous two-way 
voice communication is maintained with a physician, 
approved MICN, physician assistant or nurse 
practitioner located in the sponsor hospital, or when 
meeting the requirements of Rule .1003 of this 
Subchapter and upon order of such physician, 
MICN, physician assistant or nurse practitioner, 
EMT-Ps may maintain intravenous lines for any fluid 
or medication specified for use by EMT-Ps during 
patient transfers on the Nonh Carolina EMS 
Medication Formulary approved by the Office of 
Emergency Medical Services and approved by the 
program medical director for use in patient transfers. 

(4) When providing emergency care to a patient who has 
been physically evaluated by a physician, physician 
assistant or nurse practitioner and who has critical or 
life threatening clinical situations as defined in the 
patient care protocols established by the sponsor 
hospital of the ALS program, an air ambulance 
program meeting the criteria specified in Rule . 1004 
of this Subchapter, or a critical care transport 
program as defined in 10 NCAC 3D .0807. and 
where the capability of continuous two-way voice 
communication is maintained with a physician, 
MICN, physician assistnant or nurse practitioner 
approved by the program medical director, EMT-P's 
may: 

(a) upon order of said physician, MICN, 
physician assistant or nurse practitioner; 



(i) 
(11) 



(iii) 



(iv) 



(b) 



insert a femoral venous line; 
obtain arterial blood gas samples via 
peripheral artery or pre-existing arterial 
line; 

maintain invasive monitoring devices to 
include central venous pressure lines, 
swan ganz catheters, arterial lines, 
intra-ventricular catheters, and epidural 
catheters; and 

administer any fluid or medication 

specified for use by EMT-Ps during 

critical care transports on the North 

Carolina EMS Medication Formulary 

approved by the Office of Emergency 

Medical Services and approved by the 

program medical director for use in 

critical care transfers. 

perform all the skills of an EMT-P and 

administer all medications approved for use by 

EMT-P's enumerated in Items (1), (2). and (3) 

of this Rule. 



1659 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



APPROVED RULES 



History Note: Authorin G.S. 143-514: 

Ejf. October 31. 1980: 

Amended Eff. August 1, 1996: April 1. 1993: October 1, 1991; 

October 1, 1990; March 1. 1990; 

Temporary Amendment Ejf. July 28, 1997; 

Amended Eff. August L 1998. 

.0403 EMERGENCY MEDICAL TECHNICIAN- 
INTERMEDIATE PERFORMANCE 

EMT-Is educated in approved programs, certified by the 
North Carolina Medical Board to perform medical acts, and 
functioning in an approved ALS program may do any of the 
following in accordance with the protocols established by their 
sponsor hospital: 

( 1 ) While at the scene of a medical emergency where the 
capability of continuous two-way voice 
communication is maintained with a physician, 
approved MICN, physician assistant or nurse 
practitioner located in the sponsor hospital, and upon 
order of such physician, MICN, physician assistant 
or nurse practitioner: 

(a) establish an intravenous line in a peripheral 
vein; 

(b) perform pulmonary ventilation by means of a 
blind insertion airway device or endotracheal 
tube; 

(c) obtain blood for laboratory analysis; 

(d) administer in a fashion via a route approved 
by the medical director any intravenous fluid 
or medication specified for use by EMT-Is 
found in the North Carolina EMS Medication 
Formulary approved by the Office of 
Emergency Medical Services; and 

(e) place and maintain heparin or saline locks. 

(2) When confronted with serious or life threatening 
clinical situations as defined in the patient care 
protocols established by the sponsor hospital of the 
ALS program and approved by the Office of 
Emergency Medical Services, perform as necessary 
under standing orders any of the following prior to 
contacting the sponsor hospital: 

(a) cardiopulmonary resuscitation; 

(b) defibrillation by means of an automatic or 
semi-automatic detlbrillator; 

(c) pulmonary ventilation by means of a blind 
insertion airway device or endotracheal tube; 

(d) establish an intravenous line in a peripheral 
vein; 

(e) administer any fluid or medication specified 
for use by EMT-Is found in the North 
Carolina EMS Medication Formulary 
approved by the Office of Emergency Medical 
Services; 

(3) When in the presence of an EMT-P perform any act 
listed in this Rule upon direction of the EMT-P as 
defined by the patient care protocols of the ALS 
program and approved by the Office of Emergency 



Medical Services. 
(4) When transfering a patient who is receiving 
intravenous therapy begun at the transferring agency, 
and where the capability of continuous two-way 
voice communication is maintained with a physician, 
approved MICN, physician assistant or nurse 
practitioner located in the sponsor hospital, or when 
meeting the requirements of Rule .1003 of this 
Subchapter and upon order of such physician, 
MICN, physician assistant or nurse practitioner, 
EMT-Is may maintain intravenous lines for any fluid 
or medication specified for use by EMT-Is during 
patient transfers on the North Carolina EMS 
Medication Formulary approved by the Office of 
Emergency Medical Services and approved by the 
program medical director for use in patient transfers. 

Histon,' Note: Authority G.S. 143-514; 

Eff. October 31, 1980; 

Amended Eff. August L 1998: August 1, 1996; April 1, 1993; 

October 1, 1990; March 1. 1990; May 1, 1989. 

.0404 MOBILE INTENSIVE CARE NURSE 
PERFORMANCE 

MICNs currently approved by the North Carolina Medical 
Board, while functioning under the direction of a physician in 
the sponsor hospital of an approved ALS program, may direct 
ALS professionals to perform actions as defined in Rules 
.0402, .0403 and .0407 of this Subchapter by the sponsor 
hospital for that ALS program. All orders issued to ALS 
professionals by MICNs shall be countersigned by a physician. 

History Note: Authority G.S. 143-514; 

Eff. October 31, 1980; 

Amended Eff. August L 1998: August 1, 1996; April 1, 1993; 

May 1, 1989; May 1, 1988; October 1, 1985. 

.0409 PHYSICIAN ASSISTANT OR NURSE 
PRACTITIONER PERFORMANCE 

Physician assistants and nurse practitioners while functioning 
under the direction of a physician in the sponsor hospital of an 
approved ALS program, may direct ALS professionals to 
perform actions as defined in Rules .0402, .0403 and .0407 of 
this Section and approved by the sponsor hospital for that ALS 
program. All orders issued to ALS professionals by physician 
assistants or nurse practitioners shall be countersigned by a 
physician. 

History Note: Authority G.S. 143-514; 
Eff. August 1, 1996; 
Amended Eff August 1. 1998. 

SECTION .0500 - CERTIFICATION AND 

APPROVAL REQUIREMENTS 

FOR ADVANCED LIFE SUPPORT PERSONNEL 

.0507 APPROVAL REQUIREMENTS: PHYSICIAN 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1660 



APPROVED RULES 



ASSISTANT AND NURSE PRACTITIONER 

(a) To be approved as a physician assistant or nurse 
practitioner functioning under these Rules, a person must meet 
the following criteria within one year of the approved 
educational program completion date: 

(1) be currently approved and licensed as a physician 
assistant or nurse practitioner in the State of North 
Carolina; 

(2) be affiliated on a continuous basis with a sponsor 
hospital which is pan of an approved ALS program; 

(3) have a minimum of two years emergency or critical 
care experience, or a combination of this experience; 

(4) present evidence of successful completion of a 
physician assistant or nurse practitioner educational 
program meeting the requirements of the "North 
Carolina Physician Assistant and Nurse Practitioner 
EMS Curriculum Outline." If the educational 
program was completed over one year prior to 
application, a person shall submit evidence of 
completion of pertinent continuing education in 
emergency medicine taken in the past year and have 
the continuing education approved by the Office of 
Emergency Medical Services; and 

(5) be recommended by the medical director of the ALS 
program after determining that the applicant is 
adequately familiar with the patient care and 
operational protocols of the ALS program. 

(b) Approval shall be valid for a period not to exceed four 
years at which time the person may be reapproved by 
successfully completing an approved physician assistant or 
nurse practitioner reapproval program under the direction of the 
medical director, meeting the requirements of "Guidelines for 
Approval /Reapproval of Physician Assistants and Nurse 
Practitioners Functioning In EMS Programs." 



(7) "Guidelines for the Selection and Performance of the 
Emergency Medical Services Nurse Liaison"; 

(8) "Guidelines for Development and Operation of 
Emergency Medical Dispatch Programs"; 

(9) "North Carolina Physician Assistant and Nurse 
Practitioner Emergency Medical Services Curriculum 
Outline"; 

(10) "Guidelines for Approval/Reapproval of Physician 
Assistants and Nurse Practitioners Functioning In 
EMS Programs"; 

(11) "North Carolina EMS Medication Formulary." 

History Note: Authority G.S. 143-514; 

Eff. October 31, 1980; 

Amended Eff. Aug ust 1.1998: August 1. 1996; July 1, 1996; 

April 1, 1993: May 1. 1989; May 1. 1988. 



, 



History Note: Authority G.S. 143-514; 
Eff. August 1, 1996; 
Amended Eff Aug ust 1. 1998. 

SECTION .0800 - FORMS 



.0801 INCORPORATION BY REFERENCE 

The following documents are required for educational and 
evaluation programs and incorporated herein by reference 
including subsequent amendments and editions. Copies of 
these documents are available free of charge from the Office of 
Emergency Medical Services, PO Box 29530, Raleigh, NC 
27626-0530: 

(1) "Nonh Carolina EMT-P Curriculum Outline"; 

(2) "Nonh Carolina EMT-1 Curriculum Outline"; 
"Nonh Carolina EMT-D Curriculum Outline"; 
"North Carolina MICN Curriculum Outline"; 
"Guidelines for Continuing Education and 
Performance Evaluation of Emergency Medical 
Services Advanced Life Support Personnel"; 
"Guidelines for Approval/Reapproval of Mobile 
Intensive Care Nurses"; 



(3) 
(4) 
(5) 



(6) 



I 



1661 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Tluirsday. March 19. 1998. 
10:00a.m. . at 1307 Glenwood Ave., Assembly Room. Raleigh. NC. Anyone wishing to submit written comment on any rule 
before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners by 
Monday. March 16. 1998. at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review 
Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at 
least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Teresa L. Smallwood, Vice Chairman 

Jim Funderburke 

Veraice B. Howard 

Philip O. Redwine 

David Twiddy 



Appointed by House 

Paul Powell, Chairman 

Anita White, 2"" Vice Chairman 

Mark Garside 

Steve Rader 

George Robinson 



RULES REVIEW COMMISSION MEETING DATES 



March 19, 1998 
April 15, 1998 
May 21, 1998 



June 18, 1998 
July 16, 1998 
August 20, 1998 



COMMERCE 



RULES REVIEW OBJECTIONS 



Community Assistance 

4 NCAC 19L .0401 - General 

Agency Revised Rule 
4 NCAC 19L .0404 - Grant Category Allocation 

Agency Revised Rule 
4 NCAC 19L .0505 - Selection Criteria 

Agency Revised Rule 
4 NCAC 19L .0707 - Eligibility Requirements 

Agency Revised Rule 
4 NCAC 19L .0708- Selection Criteria 

Agency Revised Rule 
4 NCAC 19L .0911 - Recordkeeping 

Agency Revised Rule 
4 NCAC I9L .1009- Housing Rehabilitation 

Agency Revised Rule 
4 NCAC 19L.1011 - Lead-Based Paint 

Agency Revised Rule 
4 NCAC 19L.1303 - Selection Criteria 

Agency Revised Rule 
4 NCAC 19L .1703 - Selection Criteria 

Agency Revised Rule 
4 NCAC 19L.1804- Size of Loan Approvals 

Agency Revised Rule 
4 NCAC 19L.1805 - Selection Criteria 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 



COMMUNITY COLLEGES 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1662 



RULES REVIEW COMMISSION 



23 NCAC lA .0001 - Definitions 

23 NCAC 2D .0301 - Operating Budget Requests: Distribution of Funds 

23 NCAC 2D .0327 - Reporting Student Membership Hours to the Department 

E^^VIRO^fMENT, health, and natural resources 



RRC Objection 
RRC Objection 
RRC Objection 



01/15/98 
01/15/98 
01/15/98 



Coastal Resources Commission 

15A NCAC 7H .1104- General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H . 1304 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H .1404 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H .1504 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H .1704 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H . 1804 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H .1904 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
ISA NCAC 7H .2004 - General Conditions 

Agency Revised Rule 

Agenc\' Revised Rule 
15A NCAC 7H .2104 - General Conditions 

Agency Revised Rule 

Agenc\- Revised Rule 
15A NCAC 7M .0303 - Policy Statements 

Agency Revised Rule 



RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 



Environmental Management 

15A NCAC 2B .0232 - Neuse River Basin-Nut. 
15A NCAC 2B .0233 - Neuse River Basin: Nut 
15A NCAC 2B .0234 - Neuse River Basin-Nut. 
15A NCAC 2B .0235 - Neuse River Basin-Nul. 
15A NCAC 2B .0238 - Neuse River Basin-Nut. 
15A NCAC 2B .0239 - Neuse River Basin: Nut 
15ANCAC2D .1005 
15ANCAC2L .0115 



Sen. Waters Mgmt. Strategy: Red. 
Sen. Waters Mgmt. Strategy: Prot. 
Sen. Waters Mgmt. Strategy: Waste Req. 
Sen. Waters Mgmt. Strategy: Stormwater 
Sen. Waters Mgmt. Strategy: Nitrogen 
Sen. Waters Mgmt. Strategy: Mgmt. 
Measurement and Enforcement 
Risk-Based Assnint/Corr Action/Petro Underground Strge Tanks 



No Response from Agenc\' 
15A NCAC2N .0707 - Corrective Action Plan 
No Response from Agency 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 



01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
12/18/97 
01/15/98 
12/18/97 
01/15/98 



Health Services 

15A NCAC 18A . 
15A NCAC 18A . 
15A NCAC 18A . 
15A NCAC ISA 
15A NCAC ISA 
ISA NCAC ISA 



2301 - Scope of Delegated Authority 

2302 - Eligibility for Delegation of Authority 

2303 - Delegation of Authority' 

2304 - Subsequent Authorizations 
2306 - Continuing Education 

2308 - Denial: Suspension and Revocation 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 



1663 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



RULES REVIEW COMMISSION 



15A NCAC 18A .2309 - Re-Authorization RRC Objection 

Marine Fisheries 

15A NCAC 31 .0117- Fishery Resource Grant Program RRC Objection 

Soil and Water Conservation 

15A NCAC 6E .0104 - Best Management Practices Eligible for Cost Share Payments RRC Objection 

Agencx Responded Obj. Cont 'd 

Agency Revised Rule Obj. Removed 

15A NCAC 6E .0105 - Cost Share and Incentive Payments RRC Objection 

Agency Responded Obj. Cont 'd 

Agency Revised Rule Obj. Removed 

Water Pollution Controls Systems 

15A NCAC 8F .0203 - Duties and Requirements of an Operator in Charge RRC Objection 

No Response from Agency Obj. Cont'd 

Agency Revised Rule RRC Objection 

Agency Revised Rule Obj. Removed 



01/15/98 



01/15/98 



10/16/97 
11/20/97 
12/18/97 
10/16/97 
11/20/97 
12/18/97 



09/18/97 
10/16/97 
11/20/97 
12/18/97 



HUMAN RESOURCES 



Departmental Rules 

10 NCAC IB .0502 - Rate Setting Meth./Facilities/Ser\'e St./cty. Special Assis. Res. 



RRC Objection 



01/15/98 



Facility Services 

lONCAC 3D .0915 - 
lONCAC 3D .0916- 
10 NCAC 3D .0925 - 
lONCAC 3D .1202- 
lONCAC 3D .1203 - 
lONCAC 3D .1301 - 
10 NCAC 3D .1302 - 
10 NCAC 3D .1401 - 
lONCAC 3D .1403 - 
lONCAC 3R .3073 - 

Agency Revised 
lONCAC 3R .3074- 

Agency Revised 
10 NCAC 3R .3081 - 

Agency Revised 



Ambulance Lettering: Markings: Symbols and Emblems RRC Objection 

General Ambulance Requirements RRC Objection 

Infectious Disease RRC Objection 

Criteria for Certified EMT Instructor RRC Objection 

Educational Programs RRC Objection 

Certification Requirements: Ambulance Attendant RRC Objection 

Certification Requirements: Emergency Medical Technician RRC Objection 

License, Permit /Cert. Denial, Suspension, Amend. /Revocation RRC Objection 

Application Procedures. Required Forms RRC Objection 

Dem/Proj /Pediatric Nursing Care Need Deter. (Review Cat. G) RRC Objection 

Rule Obj. Removed 

Home Health Agcy Off. Need Determination (Review Cat. F) RRC Objection 

Rule Obj. Removed 

Policies for Inpatient Rehabilitation Services RRC Objection 

Rule Obj. Removed 



01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 



PUBLIC INSTRUCTION 

16 NCAC 6C .0307 - Certificate Renewal 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6D .0103 - Graduation Requirements 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6D .0301 - Testing Requirements and Opportunities 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6G .0305 - End-of -Course Tests 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6G .0306 - Testing Code of Ethics 

No Response from Agency 

Agency Revised Rule 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 



10/16/97 
11/20/97 
12/18/97 
10/16/97 
11/20/97 
12/18/97 
10/16/97 
11/20/97 
12/18/97 
10/16/97 
11/20/97 
12/18/97 
10/16/97 
11/20/97 
12/18/97 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1664 



RULES REVIEW COMMISSION 



16 NCAC 6G .0307 - Assistance Teams 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6G .0308 - Due Process Protections 

No Response from Agency 

Agency Revised Ride 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 



10/16/97 
11/20/97 
12/18/97 
10/16/97 
11/20/97 
12/18/97 



SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS 

21 NCAC 64 .1002 - General Requirements 

No Response from Agency 

Agency Revised Rule 
21 NCAC 64 .1004 - Authorized Tasks of Speech-Language Pathology Assistants 

No Response from Agency 

Agency Revised Rule 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 



11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 



1665 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office 
of Administrative Hearings, (919) 733-2698. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMIN ISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 



Meg Scott Phipps 

Robert Roosevelt Reilly Jr. 

Dolores O. Smith 



AGENCY 

ADMINISTRATION 

E Edward Gambill v Deparimenl of Administraiion 

Triangle CAD Solutions, Inc v. Div, Purchase and Coniract. EHNR 

Henry Bryon Brewer v. NC Commission of Indian Affairs 

ALCOHOLIC BEVERAGE CONTROL CONEVDSSION 

.Michael's Mini Mart v. Alcoholic Beverage Control Commission 
Everette Craig Hornbuckle v. Alcoholic Beverage Control Commission 
Salch Ahmed All Futhah v. Alcoholic Beverage Control Commission 
Carolyn T Ray v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Fast Fare, Inc. 
Alcoholic Beverage Control Commission v Mendoza Enterprises, Inc. 
Paul Tyler IV Enterprises. Inc , Alpha Vinson T/A Mirrors (Sid's 

Showgirls) V. Alcoholic Beverage Control Commission 
and 

City of Goldsboro 
and 

Gurnan Khera 
George Robert Scott v. Alcoholic Beverage Control Commission 
Nasar Sader v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v Paradise Landing. Inc. 
OFFISS. Inc. V. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Fast Fare, Inc. No. 575 
Alcoholic Beverage Control Commission v. Altaf Hussain 
Alcoholic Beverage Control Commission v, Robert Johnson 
Alcoholic Beverage Control Commission v. Masonboro County Store. Inc, 
Daniel Gary Ledbetter v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v, Raymond Lee 
Alcoholic Beverage Control Comm. v. Percy Daniel Bowen 
Alcoholic Beverage Control Commission v. Bridgeite Dee Williams 
Alcoholic Beverage Control Commission v. Westside Tavern, Inc. 
Alcoholic Beverage Control Commission v. Grove Park Inn Resort. Inc 
Bradford Allan Capps &. Garland Lewis Williams v. Ale, Bev. Ctl. Comm. 
Sunset Enterprises. Inc. v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. 6 Twelve Corporation 
Alcoholic Beverage Control Commission v. Kimberly Loette Hankins 
Alcoholic Bev, Ctl Comm v. Monterrey Mex, Rest, of Greensboro. Inc 
Alcoholic Beverage Control Commission v James Martini 
Mom.hammed H. Darwish & Hazeem M Eldara v. Alcoholic Bev Ctl Comm 



CASE 




DATE OK 


PUBLISHED DECISION 


NMVIBER 


ALJ 


DECISION 


REGISTER CITATION 


97 DOA 0364 


Reilly 


09/10/97 




97 DOA 0670 


Reilly 


12/19/97 




97 DOA 0959 


Gray 


12/17/97 




92 ABC 1601 


Gray 


08/18/97 




93 ABC 0987 


Gray 


08/18/97 




94 ABC 0264 


Gray 


08/18/97 




95 ABC 0429 


Gray 


09/23,'97 




96 ABC 0483 


Morrison 


06/18/97 




96 ABC 1196 


Gray 


08/26/97 




96 ABC 1804 


Morrison 


09/29/97 





96 ABC 1995 


Reilly 


12/05/97 




97 ABC 0030 


Phipps 


10/08/97 




97 ABC 0031 


Gray 


06/13/97 




97 ABC 01 18 


Gray 


09/17/97 




97 ABC 0197 


Morrison 


01/15/98 




97 ABC 0312 


Mann 


07/29/97 




97 ABC 0321 


Gray 


08/25/97 




97 ABC 0432 


Reilly 


09/09/97 




97 ABC 0443 


Gray 


07/08/97 




97 ABC 0488 


Smith 


10/30/97 




97 ABC 0495 


Morrison 


09/24/97 




97 ABC 0576 


Phipps 


09/04/97 




97 ABC 0586 


Phipps 


09/17/97 




97 ABC 0706 


Morrison 


09/15/97 


2 07 NCR 609 


97 ABC 0820 


Reilly 


02/05/98 




97 ABC 0846 


Gray 


12/10/97 




97 ABC 0895 


Reilly 


12/16/97 




97 ABC 0897 


Gray 


10/06/97 




97 ABC 0965 


Morrison 


01/15/98 




97 ABC 1036 


Gray 


12/31/97 




97 ABC 1429 


Smith 


12/31/97 





12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1666 



CONTESTED CASE DECISIONS 



AGENCY 

CORRECTION 

David M. Boone v, Correciion, Div. of Prison Admin Remedy Procedure 

CRIME CONTROL ANT) PCBl.IC SAFETY 

Delia Sherrod v Crime Victims Compensaiion Commission 

Stanley D Carter. Sr v. Victims Compensation Commission 

Mary A. Kearney v CPS, Victims Compensation Commission 

Mae Allen Murray v Crime Victims Compensation Commission 

Beverly McLaughlin v. Crime Victims Compensation Commission 

Malcolm W Fields v Crime Victims Compensation Commission 

Rodney P Hodge v. Crime Victims Compensation Commission 

Billy Steen v Crime Victims Compensation Commission 

Clifford R Pulley v. Crime Victims Compensation Commission 

Curtis Jermaine Newkirk v. Crime Victims Compensation Commission 

Huston Christopher Mason v. Victims Compensation Commission 

Percival R Johnson. .AKA Reeves Johnson v. Crime Victims Comp Comm 

Gregory Bynum v. Crime Victims Compensation Commission 

Michaela Dionne Brewington v. Crime Victims Compensaiion Commission 

Lisa S. Snead v. Crime Victims Compensation Commission 

Robert L. W'elty. n v. Crime Victims Compensation Commission 

Robert T. Blakeney v. Office of .Administrative Hearings 

Connie Cowan v. Crime Victims Compensation Commission 

Linda Atkinson v. Crime Victims Compensation Commission 

ECONO\nC .AND CO.MML"NTTY DE\'ELOP.MZNT 

Leon McNair \'. NC Industrial Commission 

EN-VTRONTVIENT. HE.ALTH, .A.NT) NATL"R.AL RESOLTiCES 

Herbert C. Avery v. Environment. Health, and Natural Resources 
Linda Collie v. Lenoir County Health Department 
Leroy Anderson v. County of Moore Department of Health 
E-H. Garner v. Nev^' Hanover Health Department 
Peter D McDowell. Sr, v. New Hanover Health Department 
Dowell Gray v Department of Environment and Natural Resources 
and 

Onslow County Department of Health 
Riggings Homeowners Assoc. Inc. v. Environment. Health. & Natural Res. 
John Ronald Taylor v Environment. Health. & Natural Resources 
Rick Parker v, Pitt County Health Dept Mr. Ernie Nichols 
James R Melvin v. Environment and Natural Resources 
Lee A. Riggs v Craven County Health Department 
Tommy .Anthony Swangin v Dept. of Environment & Natural Resources 
Robert E Cahoon v. Carteret County Health Department 
John Martin v Environment. Health, and Natural Resources 
John Martin v Environment. Health, and Natural Resources 
Jack R. ViTiitmore v. Dept. of Environment & Natural Resources 
Rachel S. Tugwell v. Environment. Health and Natural Resources 
Joanne B. Huff v. Dept- of Environment and Natural Resources 
NC Waste .Awareness & Reduction Network. Inc. v EHNR 
and 

Carolina Solite Corporation and Oldover Corporation 
Alphasine Cheryl Barfield v. EHNR. Div, Environmental Health 
Gilbert T Davis. Jr. v. Forsyth County Environmental .Affairs Dept. 
Selby Franklin Brown v. Wayne County Environmental Health 

Coastal Management 

Glenn Sasser \ Division of Coastal Management 

Environmental Management 

Craig King Farms v EHNR. Environmental Management Commission 

Henry G Dail. Dail Brothers v. EHNR. Environmental .Management 

Land Resources 

James H, Lowdermilk & J. Wayne Lowdermilk v. EHNR. Land Res. 

Charles G. Smith v. EHNR. Division of Land Resources 

Henry Yancey Ingram. U &. Hope Fanning Ingram v. EHNR. Land Res. 

Thomas Windell Foster. Minnie Foster Tate. Carolyn D. Hughes. Joseph 

& Lorrie Voliva v, EHNR. Division of Land Resources 
Thomas Windell Foster. Minnie Foster Tate. Carolyn D. Hughes. Joseph 

& Lome Voliva v. EHNR. Division of Land Resources 
Thomas Windell Foster. Minnie Foster Tate. Carolyn D. Hughes. Joseph 

&. Lorrie Voliva v. EHNR. Division of Land Resources 
Thomas Windell Foster. Minnie Foster Tate. Carolyn D. Hughes. Joseph 

&. Lorrie \'oliv3 v EHNR. Division of Land Resources 



C.\SE 




NT-MBER 


AU 


97 DOC 0534 


Morrison 


96 CPS 0300 


Chess 


96 CPS 1887 


Chess 


96 CPS 2033 


Becton 


96 CPS 2110 


Chess 


97 CPS 0170 


Phipps 


97 CPS 0360 


Chess 


97 CPS 0449 


Reilly 


97 CPS 0472 


Morrison 


97 CPS 0523 


Gray 


97 CPS 0645 


Morrison 


97 CPS 0691 


Becton 


97 CPS 0779 


Gray 


97 CPS 0901 


Reillv 


97 CPS 0992 


Mann 


97 CPS 1025 


Reilly 


97 CPS 1073 


Gray 


97 CPS 1187 


Becton 


97 CPS 1214 


Becton 


97 CPS 1389 


Becton 


97 COM 1549 


Gray 


96EHR0161 


Chess 


96 EHR 0264 


Becton 


96 EHR 1969 


Morrison 


96 EHR 1972 


Grav 


96 EHR 2075 


Gray 


97 EHR 0195*-' 


Gray 


97 EHR 0263 


Reilly 


97 EHR 0275 


Reillv 


97 EHR 0470 


Phipps 


97 EHR 0682 


Phipps 


97 EHR 0851 


Becton 


97 EHR 0875 


Smith 


97 EHR 0878 


Becton 


97 EHR 0993''- 


Phipps 


97 EHR U994»" 


Phipps 


97 EHR 1039 


.Mann 


97 EHR 1086 


Becion 


97 EHR 1149 


Reilly 


97 EHR 1189 


Becton 


97 EHR 1221 


Morrison 


97 EHR 1281 


Smith 


97 EHR 1534 


Smith 


97 EHR 0763 


Gray 


96 EHR 0609 


Grav 


96 EHR 2104 


Gray 


96 EHR 0745 


Grav 


96 EHR 0855 


Grav 


96 EHR 0908 


Grav 


97 EHR 1002*'-' 


Mann 


97 EHR 1003*-"^ 


Mann 


97 EHR 1043*--' 


Mann 


97 EHR 1057-'" 


Mann 



D.ATE OF 
DECISION 



06/16/97 



07/18/97 
01/26/98 
09/26/97 
10/31/97 
08/29/97 
09/12/97 
07/01/97 
07/23/97 
08/06/97 
10/03/97 
12/04/97 
02/06/98 
10/16/97 
12/23/97 
11/10/97 
01/20/98 
11/07/97 
12/03/97 
12/31/97 



01/09/98 



09.'23;97 
07/16/97 
07'15/97 
08/07/97 
08'07 97 
12/01/97 



08/13/97 
06/09-97 
07/01/97 
09/23/97 
10/02/97 
12/15/97 
09/30/97 
10/13.'97 
10/13/97 
12/17/97 
12/03/97 
12/30/97 
02/1 6.98 



01/28/98 
11/10/97 
01/21/98 



12,31.97 



01/14,'9g 
08/27/97 



10/30/97 
10 '30- 97 
10/30 97 
02/05/98 

02 05 98 

02/05'98 

02/05/98 



PI BLl.SHED DECISION 
REGISTER CITATION 



12:03 NCR 223 



12:13 NCR 1222 



1667 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Marine Fisheries 

William B Tate v. Division of Marine Fisheries 

John A Trahan v EHNR. Division of Marine Fisheries 

Hassell B Lawrence. Sr . Gordon Lawrence, Bobby G Gillikin. Norman 

W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr., Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Manin 
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
Hassell B, Lawrence.. Sr. Gordon Lawrence. Bobby G, Gillikin. Norman 

W, Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr.. Faye Thomas. Mark Allen Gillikin, Millie Lawrence. June Martin 
Hassell B Lawrence. Sr.. Gordon Lawrence. Bobby G. GiUikin. Norman 

W. Gillikin. Oliver C Lawrence, Hiram Gillikin. Louis Gray Thomas. 

Jr., Faye Thomas. Mark Allen Gillikin, Millie Lawrence, June Martin 
Hassell B Lawrence, Sr,. Gordon Lawrence. Bobby G Gillikin. Norman 

W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr., Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
Hassell B, Lawrence. Sr.. Gordon Lawrence, Bobby G Gillikin. Norman 

W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence. Sr., Gordon Lawrence. Bobby G. Gillikin. Norman 

W. Gillikin, Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr.. Faye Thomas. Mark .Allen Gillikin, Millie Lawrence. June Martin 
Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G. Gillikin. Norman 

W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr., Faye Thomas, Mark Allen Gillikin, Millie Lawrence. June Martin 
Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G Gillikin. Norman 

W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr., Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
James Fletcher v. EHNR. Division of Marine Fisheries 
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G. Gillikin. Norman 

W. Gillikin, Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr.. Faye Thomas. Mark Allen Gillikin, Millie Lawrence. June Martin 
Hassell B Lawrence. Sr.. Gordon Lawrence. Bobby G, Gillikin. Norman 

W, Gillikin. Oliver C. Lawrence, Hiram Gillikin. Louis Gray Thomas. 

Jr.. Faye Thomas, Mark Allen Gillikin, Millie Lawrence, June Martin 



96EHR192: Becton 

97 EHR 0400 Chess 
97EHR0917*'" Morrison 



97 EHR 0927*" Morrison 



97 EHR 0928*'" Morrison 



97 EHR 0929*"' Morrison 



97 EHR 0935*" Morrison 



97 EHR 0936**' Morrison 



97 EHR 0961*™ Morrison 



97EHR0962*'" Morrison 



97 EHR 0979*" Morrison 



97 EHR 0985 Chess 

97 EHR 1038*" Morrison 



97 EHR 1052*-" Morrison 



l2,'16/97 
10/30/97 
12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



OL'28/98 
12/30/97 



12/30/97 



Maternal and Child Health 

Evan's Mini Mart v. EHNR. Maternal & Child Health. Nutrition Svcs Sec. 

Solid Waste Management 

Loie J. Priddy v Division of Solid Waste Management, EHNR 
Dewey V, Hudson v. EHNR, Division of Waste Management 

Water Quality 

Castle Hayne Steering Committee v, EHNR, Division of Water Quality 

and 
New Hanover County Water and Sewer District 
RAYCO Utilities, Inc.. 
RAYCO Utilities, Inc., 
RAYCO Utilities. Inc.. 

and 
RAYCO Utilities. Inc. 
RAYCO Utilities. Inc. 

and 
RAYCO Utilities, Inc 



Briarwood WWTP v EHNR, Div of Water Quality 97 EHR 0018 
Greystone Forrest WWTP v. EHNR. Water Quality 97 EHR 0412 
MelbiUe Heights MHP 



Penman Heights MHP v. 
Melbille Heights MHP 



EHNR. Water Quality 



97 EHR 0599 


Phipps 


07/14/97 


96 EHR 1838 


Morrison 


06/20/97 


98 EHR 0083 


Smith 


02/05/98 


96 EHR 1731 


Mann 


06/30/97 


97 EHR 0018 


Chess 


09/12/97 


97 EHR 0412 


Smith 


10/29/97 


97 EHR 0643*" 


Smith 


10/29/97 


97 EHR 0644*" 


Smith 


10/29/97 



Penman Heights MHP v. EHNR. Water Quality 

HUMAN RESOURCES 

Sampson Health Care Facilities Inc. v, Dept, of Health & Human Services 

John & Veronica Spearman v. Department of Human Resources 

New Beginnings Christian Academy v Department of Human Resources 

Cindy G. Geho v Office of Administrative Hearings. R. Marcus Lodge 

Helen Wyman v. Department of Human Resources 

DeRothea G. Williams d/b/a Dee Williams & Company, a proprietorship v. 

Buncombe County Partnership for Children. Inc.. a NC Nonprofit Corp.; 

NC Department of Human Resources [Division of Child Development]: 

NC Department of Environment. Health, and Natural Resources [Division 

of Maternal and Child Health] 
Lorraine M. Monroe v Department of Human Resources 
Ruby Woodward v Department of Human Resources 
Linda Rouse Sharp v Department of Human Resources 
William &. Deborah Gilbert v. Department of Human Resources 
Ocelee Gibson v. Department of Human Resources 



96 DHR 0535 


Reilly 


11/06/97 


96 DHR 1543 


Chess 


09/12/97 


95 DHR 1925 


Reilly 


08/22/97 


97 DHR 0286 


Chess 


07/23/97 


97 DHR 0407 


Reilly 


08/08/97 


97 DHR 0424 


Morrison 


09/22/97 



97 DHR 0540 


Gray 


97 DHR 0552 


Chess 


97 DHR 0610 


Mann 


97 DHR 0616 


Chess 


97 DHR 0658 


Reilly 



10/30/97 
02/02/98 
08/28/97 
01/29/98 
07/22/97 



12:02 NCR 103 



12:17 NCR 1682 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1668 



CONTESTED CASE DECISIONS 



AGENCY 

Larry Paiton v. Depanmeni of Human Resources 
Rita Fairclolh v. Department of Human Resources 
Valerie Bullock v Depanmeni of Human Resources 
HILCO V Forsyth County Environmental Affairs Department 

Division of Child Development 

Raleigh Child Care. Inc v DHR. Div. /Child Dev,. Child Day Care Comm 
New Hanover Ciy, Comm Action v DHR, Division of Child Development 
Cindy G. Geho v Human Resources. Division of Child Development 
Kathleen G McBride v. Division of Child Development 

Division of Facility Services 

Ava McKinney v DHR. Division of Facility Services 

Mercy Egbuleonu v DHR, Facility Svcs. Health Care Personnel Reg- Sec 

Mercy Egbuleonu v Human Resources, Division of Facility Services 

Kizzie Cooper v DHR, Facility Svcs, Health Care Personnel Registry Sec. 

Maggie J. Barnhill v DHR, Facility Svcs, Health Care Pers Reg. Sec. 

Emma Faison v DHR. Division of Facility Services 

Eugene Donald Caldwell v DHR. Division of Facility Services 

Patricia .Addison v DHR. Facility Svcs. Health Care Personnel Reg. Sec. 

Selena Louise Holley v DHR. Facility Svcs. Health Care PersI, Reg, Sec, 

Shirley Ebron v DHR. Facility Svcs. Health Care Pers Reg Sec, 

Carolyn Forbes v DHR. Division of Facility Services 

Sally Hutchins v DHR. Division of Facility Services 

Claudia K Thomerson v DHR. Facility Svcs. Health Care Pers, Reg. Sec. 

Janice Ann McClinton v DHR. Facility Svcs. Health Care Pers Reg Sec. 

Michelle R Griffin v DHR, Facility Svcs, Health Care Pers Reg. Sec 

Deborah L McBurnie v DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Kelly M Poole v. DHR. Facility Svcs. Health Care Pers Reg. Sec. 

Debbie Williams v DHR. Fac Svcs,. Health Care Pers, Reg, Sec, 

Therese Victoria Wilson v, DHR. Fac. Svcs. Health Care Pers Reg. Sec 

Notisha Utiey v, DHR, Fac Svcs, Health Care Pers, Reg, Sec. 

Helen T. Shokoti v Human Resources. Division of Facility Services 

Jeri L. Anderson v. Human Resources, Division of Facility Services 

Susie A Milsap v, DHR. Facility Svcs, Health Care Pers, Reg. Sec, 

Glenda Christine Taylor v. DHR, Facility Svcs. Health Care Pers. Reg. Sec 

Maple Heights Rest Home. Inc. v. DHR. Division of Facility Services 

Lisa Bullard v, DHR, Facility Svcs, Health Care Pers, Reg, Sec. 

Angela D. Johnson v DHR. Facility Svcs, Health Care Pers. Reg, Sec. 

Mary Ann Allen v DHR, Division of Facility Services 

CressieD. Mears v DHR. Division of Facility Services 

Marie Emma Wimbush v DHR. Facility Svcs. Health Care Pers. Reg Sec. 

Maria Faye Baker v, DHR. Division of Facility Services 

Himmeler Desvarieu.x v DHR. Fac. Svcs, Health Care Pers, Reg, Sec, 

Tamara Green v DHR. Fac, Svcs. Health Care Pers Reg Sec. 

Lachelle Tonya Braswell v, DHR. Division of Facility Services 

Toni Washington v DHR. Division of Facility Services 

Lynn E, Thorpe v. DHR. Division of Facility Services 

Sally Hutchins v DHR. Division of Facility Services 

Carolyn Forbes v, DHR. Division of Facility Services 

Debra Burleson v DHR. Division of Facility Services 

Jean Rossman v DHR. Facility Svcs. Health Care Pers Reg Sec 

Michelle McMahan v DHR. Division of Facility Services 

Brenda Faye Harris v DHR. Facility Svcs. Health Care Pers Reg. Sec, 

Michelle McMahan v DHR. Division of Facility Services 

Lorena Barbour v DHR. Facility Svcs. Health Care Pers Reg, Sec, 

Angela Mae Whited v DHR. Division of Facility Services 

Viiina Cockrane v DHR. Facility Svcs. Health Care Pers, Reg. Sec, 

Mary Susan McLean v DHR. Fac, Svcs. Health Care Pers, Reg, Sec 

Brenda Harper v DHR. Division of Facility Services 

Dons J Daniels v DHR, Fac, Svcs, Health Care Pers Reg Sec, 

Robin Leigh Robinson v DHR, Facility Svcs, Health Care Pers, Reg, Sec 

Genoal Blalock v, DHR, Division of Facility Services 

Charlotte Williams v DHR, Facility Svcs. Health Care Pers. Reg Sec. 

Stephanie L. McKnight v. DHR. Division of Facility Services 

Angela Lynn Barbour v, DHR. Facility Svcs. Health Care Pers. Reg. Sec. 



Cenificare of Need Section 
Carolina Imaging. Inc/Fayetteville v DHR. Facility Svcs. Cert/Need Sec. 96 DHR 1570 Phipp 

and 
Cumberland Ciy Hospital System. Inc . d/b/a Cape Fear Valley Med Ctr. 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISI ER CITATION 


97 DHR 0829 


Phipps 


10/17/97 




97 DHR 0900 


Reilly 


08/15/97 




97 DHR 1255 


Mann 


02/04/98 




97 DHR 1454 


Gray 


12/19/97 




97 DHR 0854 


Reilly 


02/12/98 




97 DHR 0921 


Phipps 


09/10/97 




97 DHR 0966 


Phipps 


08/29/97 




97 DHR 1604 


Becton 


02/12/98 




96 DHR 2061 


Chess 


07/08/97 




97 DHR 0172 


Becton 


07/16/97 




97 DHR 0450 


Gray 


09/02/97 




97 DHR 0459 


Phipps 


06/09/97 




97 DHR 0465 


Gray 


07/30/97 




97 DHR 0471 


Gray 


07/15/97 




97 DHR 0480 


Gray 


10/10/97 




97 DHR 0521 


Mann 


07/25/97 




97 DHR 0524 


Phipps 


08/28/97 




97 DHR 0528 


Gray 


10/02/97 




97 DHR 0532*" 


Phipps 


12/18/97 




97DHR0547»'' 


Phipps 


12/18/97 




97 DHR 0551 


Chess 


07/15/97 




97 DHR 0558 


Creech 


10/17/97 




97 DHR 0559 


Gray 


07/30/97 




97 DHR 0608 


Chess 


09/02/97 




97 DHR 0629 


Chess 


09/02/97 




97 DHR 0630 


Gray 


10/01/97 




97 DHR 0632 


Phipps 


08/25/97 




97 DHR 0646 


Phipps 


09/26/97 




97 DHR 0653 


Chess 


08/20/97 




97 DHR 0659 


Gray 


08/19/97 




97 DHR 0667 


Phipps 


08/25/97 




97 DHR 0681 


Gray 


08/29/97 




97 DHR 0717 


Reilly 


10/16/97 




97 DHR 0721 


Chess 


10/09/97 




97 DHR 0723 


Chess 


08/06/97 




97 DHR 0739 


Chess 


01/13/98 




97 DHR 0793 


Chess 


08/21/97 




97 DHR 0797 


Phipps 


08/25/97 




97 DHR 0805 


Phipps 


01/23/98 




97 DHR 08 18 


Gray 


10/24/97 




97 DHR 0824 


Becton 


09/29/97 




97 DHR 0826 


Morrison 


12/17/97 




97 DHR 0847 


Phipps 


12/10/97 




97 DHR 0865 


Chess 


01/13/98 




97 DHR 0871*" 


Phipps 


12/18/97 




97 DHR 0899*" 


Phipps 


12/18/97 




97 DHR 0904 


Phipps 


12/11/97 




97 DHR 0908 


Smith 


09/02/97 




97 DHR 0915*-' 


Mann 


11/13/97 




97 DHR 0938 


Morrison 


10/03/97 




97 DHR 0960*-' 


Mann 


11/13.'97 




97 DHR 0999 


Phipps 


09/11/97 




97 DHR 1029 


Becton 


12/10/97 




97 DHR 1066 


Chess 


10/15/97 




97 DHR 1091 


Morrison 


10/21/97 




97 DHR 1118 


Gray 


02/02/98 




97 DHR 1126 


Gray 


10/27/97 




97 DHR 1169 


Phipps 


10/31/97 




97 DHR 1193 


Gray 


02/12/98 




97 DHR 1274 


Mann 


02,/05/98 




97 DHR 1309 


Becton 


01/23/98 




97 DHR 1458 


Phipps 


01/07/98 




96 DHR 1570 


Phipps 


06/24/97 


12:02 NCR 95 



Group Licensure Section 
Jeffreys Family Care #2 v DHR. Facility Svcs, Group Licensure Section 97 DHR 0259 Mann 



06/17/97 



1669 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



CONTESTED CASE DECISIONS 






AGENCY 

Division of Medical Assistance 

Dilladys Renee Stover v DHR. Division of Medical Assistance 
Bettye Parson/Tambra Parson v, DHR. Div. of Medical Assistance 
Rohert D. & Ronda M. Staton v. DHR. Div, of Medical Assistance 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


97 DHR 0560 


Mann 


09/16/97 


97 DHR 0656 


Becton 


08/12/97 


97 DHR 0660 


Smith 


09/05/97 



PLFBLISHED DECISION 
REGISTER CITATION 



Division of Social Senices 



Child Support Enforcement Section 
Dale P. Sprinkle v Guilford Child Support Agency. Human Resources 
Steven Van Linker v Department of Human Resources 
Michael R Bryant v Department of Human Resources 
David Lee Chamblee Jr v. Department of Human Resources 
John W Scott V Department of Human Resources 
Michael T Swann v. Department of Human Resources 
Wayne Degree v. Department of Human Resources 
Ted Wayne Lamb v Department of Human Resources 
Jeffrey Grainger v Department of Human Resources 
Tollie Woods v. Department of Human Resources 
Fred Edv^ard Stafford v Department of Human Resources 
Joseph R. Grooms Jr. v Department of Human Resources 
David N. Jarrett v. Department of Human Resources 
Warren S. Olson v. Department of Human Resources 
Stanley A. Watson v Department of Human Resources 
Michael A. Isom v Department of Human Resources 
Rafael L. Garcia v. Department of Human Resources 
Justin M Woazeah. Sr. v. Department of Human Resources 
Johnny R, Holden v Department of Human Resources 
Calvin F. Mizelle v Department of Human Resources 
Tommy Lee Clark v. Department of Human Resources 
Ander L. Garfield v Department of Human Resources 
Clarence O Rains v Department of Human Resources 
Jeremy Baker v. Department of Human Resources 
William T Harris v Department of Human Resources 
Hal C Morgan. Jr v. Department of Human Resources 
Paul S Clomnger v Department of Human Resources 
Edward Stuteville v. Department of Human Resources 
Tony Peterson. Jr. v Department of Human Resources 
Lee G. Sanders Jr v Department of Human Resources 
David Fraizer v Department of Human Resources 
David Frai/er v. Department of Human Resources 
David Hobson v. Department of Human Resources 
Paul Douglas Crone v Department of Human Resources 
Christopher A. Abney v Department of Human Resources 
Jeffrey L Schrader v Department of Human Resources 
John T, Spidell v. Department of Human Resources 
Robert M Starling. Sr. v. Department of Human Resources 
Judson T. Whilehurst v. Department of Human Resources 
Mari L. Ross v. Department of Human Resources 
Craig Vcnson v. Department of Human Resources 
David Scott Jordan v. Department of Human Resources 
Lee R. Jones v. Department of Human Resources 
Rocky R. Chaudhry v Department of Human Resources 
Cecil Hall v. Department of Human Resources 
Lorenzo Shaw v Department of Human Resources 
Harold Ray Armstrong Jr. v. Deparlmcnl of Human Resources 
Neil G. McGilberry v Department of Human Resources 
Ronald Gray v. Department of Human Resources 
Gregory 3. Wolbert v Department of Human Resources 
William E- Daley Jr. v Wake County Child Support Enforcement 
Dennis Larson v. Department of Human Resources 
Eric L, Harrington v Department of Human Resources 
Paul F, Gangemi. Sr v. Department of Human Resources 
Scott M. Rodriguez v. Department of Human Resources 
James Withers v. Department of Human Resources 
Evalina R Oxendine v Department of Human Resources 
Phillip R Banner v Department of Human Resources 
Brian K. Norfleet v Craven County Child Support Office 
Kenneth A Sayle v Department of Human Resources 
Richard H, Reist v Department of Human Resources 
Lawrence Arthur Beebe v Department of Human Resources 



96CRA 1171 


Gray 


08/13/97 


96 CRA 1250*' 


Becton 


07/11/97 


96CRA 1252 


Phipps 


08/11/97 


96 CRA 1281 


Morrison 


06/16/97 


96 CRA 1287 


Becton 


10/09/97 


96 CRA 1326 


Chess 


06/04/97 


96 CRA 1357 


Phipps 


02/13/98 


96 CRA 1359 


Gray 


07/10/97 


96 CRA 1376 


Reilly 


08/14/97 


96 CRA 1348*" 


Morrison 


08/04/97 


96 CRA 1407*'" 


Reilly 


08/21/97 


96 CRA 1434 


Phipps 


11/18/97 


96 CRA 1438 


Morrison 


07/10/97 


96 CRA 1440 


Phipps 


09/09/97 


96 CRA 1448»''' 


Reilly 


08/21/97 


96 CRA 1450 


Becton 


07/11/97 


96 CRA 1451 


Becton 


09/11/97 


96 CRA 1452*' 


Chess 


07/22/97 


96 CRA 1463 


Mann 


10/16/97 


96 CRA 1476 


Chess 


07/07/97 


96 CRA 1477 


Phipps 


08/13/97 


96 CRA 1479*' 


Morrison 


07/15/97 


96 CRA 1482 


Reilly 


08/21/97 


96 CRA 1491*'" 


Smith 


09/05/97 


96 CRA 1492 


Mann 


11/18/97 


96 CRA 1500 


Smith 


09/05/97 


96 CRA 1502 


Becton 


09/11/97 


96 CRA 1507*" 


Mann 


08/13/97 


96 CRA 1513 


Gray 


10/02/97 


96 CRA 1515 


Reilly 


09/11/97 


96 CRA 1519*'" 


Chess 


07/18/97 


96 CRA 1520*'" 


Chess 


07/18/97 


96 CRA 1522*" 


Phipps 


07/24/97 


96 CRA 1550 


Morrison 


02/09/98 


96 CRA 1551 


Reilly 


12/08/97 


96 CRA 1564 


Reilly 


02/04/98 


96 CRA 1567 


Smith 


09/05/97 


96 CRA 1598*=' 


Chess 


11/03/97 


96 CRA 1635 


Phipps 


01/13/98 


96 CRA 1640 


Phipps 


02/13/98 


96 CRA 1647 


Morrison 


12/03/97 


96 CRA 1673 


Reilly 


07/18/97 


96 CRA 1720*-' 


Phipps 


07/10/97 


96 CRA 1724 


Morrison 


12/17/97 


96 CRA 1749*' 


Mann 


07/10/97 


96 CRA 1754 


Gray 


02/06/98 


96 CRA 1762 


Gray 


02/10/98 


96 CRA 1767»" 


Becton 


07/15/97 


96 CRA 1778 


Chess 


02/03/98 


96 CRA 1782 


Mann 


11/18/97 


96 CRA 1789 


Reilly 


09/25/97 


96 CRA 1793 


Chess 


06/17/97 


96 CRA 1794 


Mann 


07/19/97 


96 CRA 1809 


Gray 


08/13/97 


96CRA1818-' 


Gray 


06/25/97 


96 CRA 1820 


Reilly 


07/24/97 


96 CRA 1825 


Gray 


09/10/97 


96 CRA 1826*=' 


Gray 


09/24/97 


96 CRA 1846 


Phipps 


10/02/97 


96 CRA 1857 


Gray 


01/16/98 


96 CRA 1859 


Reilly 


10/21/97 


96 CRA 1863 


Becton 


12/16/97 



Consolidated Cases. 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1670 



CONTESTED CASE DECISIONS 



AGENCY 

Patrick Orlando Crump v. Deparimeni ot Human Resources 

Ronald L Hadley v Deparimeni of Human Resources 

Garland M Jessup v, Guilford County Child Support Enforcement 

Anthony LeMar ID v. Deparimeni of Human Resources 

Michael A Norman v Deparimeni of Human Resources 

Waller Hawk v. Deparimeni of Human Resources 

Kevin L Combs v. Department of Human Resources 

Carolyn Floyd-Robinson v Deparimeni of Humai: Resources 

Eugene E. Stone v. Deparimeni of Human Resources 

Johnny Lewis Fields v. Department of Human Rescurccs 

Charles W Sweati v. Department of Human Resou ces 

Michael Elliot Wood v Deparimeni of Human Resources 

Roger G Foster v Department of Human Resources 

Charlie T- Smith v Deparimeni of Human Resources 

Joseph Davis v. Deparimeni of Human Resources 

Joseph Michael Eubanks v Department of Human Resources 

Vonzell Barker v. Department of Human Resources 

Charles F King v Deparimeni of Human Resources 

AC. Nash V, Deparimeni of Human Resources 

Curtis Bristol Self v Department of Human Resources 

Ronald Alton Neal v Department of Human Resources 

Danny Ray Carr v Department of Human Resources 

Tony Hollingsworth v Department of Human Resources 

Gregory A Dodson v Department of Human Resources 

Fonda D McSwain v Department of Human Resources 

Kenneth A Ingle v Deparimeni of Human Resources 

Norman L Gaiewood v Deparimeni of Human Resources 

Lane Bolton v Deparimeni of Human Resources 

Monty G Cox v Randolph County Child Support Enforcement Agency 

Steven Van Linker v Deparimeni of Human Resources 

Barry Tukes Sr. v. C.S.E 

Monty G- Cox v. Randolph County Child Support Enforcement Agency 

Harriet Tolson v. Deparimeni of Human Resources 

John W Scoli V, Department of Human Resources 

Edgar C. Lewis. Jr. v. Deparimeni of Human Resources 

Willie L. Berry v. Deparimeni of Human Resources 

Tony Orlando Steele v Deparimeni of Human Resources 

Carl Locklear v. Department of Human Resources 

Tollie Woods v Department of Human Resources 

James Earl McLellan v Deparimeni of Human Resources 

Charles L. Raynor v Department of Human Resources 

Robert Walker v Intercept Tax Refunds 

Chris M. Wilson v Department of Human Resources 

Fred Edward Stafford v Department of Human Resources 

Richard K Blisard v. Deparimeni of Human Resources 

Stanley A. Watson v. Department of Human Resources 

Justin M Woazeah. Sr v. Deparimeni of Human Resources 

William A Underbill v. Department of Human Resources 

Almiron J. Deis v Department of Human Resources 

Jeremy Baker v. Department of Human Resources 

Alfred Clinton Springs v. Deparimeni of Human Resources 

Ander L Garfield v. Deparimeni of Human Resources 

Ulysses Harris v. Nash County Child Support Office and Human Resources 

Edward Sluleville v. Department of Human Resources 

Gerald A. Jones v Department of Human Resources 

David Hobson v Department of Human Resources 

Gregory D. Simpson v Deparimeni of Human Resources 

Carl E Coffey v Deparimeni of Human Resources 

Donald Ray Archie v Deparimeni of Human Resources 

John T. Spidell v. Department of Human Resources 

John W. Liverman v. Department of Human Resources 

John H Hale. Jr. v. Department of Human Resources 

Vincent L. Martin v Deparimeni of Human Resources 

Harlie Leonard Hardison \ Deparimeni of Human Resources 

Alton Washington v. DHR and Robeson County Child Support Enf. Agcy. 

Robert M. Starling. Sr. v. Department of Human Resources 

David Fraizer v Department of Human Resources 

Golel Holloway. Jr v Department of Human Resources 

Jeffrey Pierce v. Department of Human Resources 

Patrick Orlando Crump v Deparimeni of Human Resources 

Crystal Lynn Manring-Roberison v. Forsyth County CSE. DSS & DHR 

William C Rivera v Department of Human Resources 

Levi Brothers Jr v Deparimeni of Human Resources 

David L Smith v DHR. DSS. CSE and Sampson County CSE 



CASE 




DATE OF 


^aI^IBER 


ALJ 


DECISION 


96 CRA 1866*" 


Gray 


08/18/97 


96CRA 1892 


Reilly 


07/18/97 


96 CRA 1898 


Becion 


07/11/97 


96 CRA 1905 


Smith 


09/05/97 


96 CRA 1915 


Gray 


09/24/97 


96 CRA 1943 


Phipps 


08/13/97 


96 CK.\ 1948 


Reilly 


12/08/97 


96 CRA 1984 


Smith 


02/04/98 


96 CRA 2070 


Morrison 


02/04/98 


96 CRA 2085*- 


Smith 


10/02/97 


96 CRA 2088 


Phipps 


02/04/98 


97 CRA 0036 


Chess 


02/06/98 


97 CRA 0043 


Phipps 


06/19/97 


97 CRA 0280 


Reilly 


06/16/97 


97 CRA 0436*" 


Phipps 


08/11/97 


97 CRA 0477 


Reilly 


07/18/97 


97 CRA 0620 


Becton 


08/12/97 


97 CRA 0720 


Reilly 


07/30/97 


97 CRA 0788 


Gray 


09/10/97 


97 CRA 0974 


Mann 


11/19/97 


97 CRA 1020 


Becton 


10/23/97 


97 CRA 1160 


Reilly 


12.08.'97 


97 CR,^ 1363 


Gray 


01/13/98 


97 CRA 1471 


Smith 


02/09/98 


97 CRA 1509 


Morrison 


02/09.'98 


97 CRA 1714 


Chess 


09/25/97 


96 CSE 0484 


Chess 


09/23/97 


96 CSE 1220 


Reilly 


08/21/97 


96 CSE 1235*'" 


Becion 


08/12/97 


96 CSE 1249* = 


Becion 


07/11/97 


96 CSE 1277 


Mann 


07/01/97 


96 CSE 1278*'" 


Becton 


08/12/97 


96 CSE 1280 


Reilly 


08/21/97 


96 CSE 1286 


Becion 


10/09/97 


96 CSE 1299 


Mann 


08/20/97 


96 CSE 1319 


Gray 


06/25/97 


96 CSE 1337 


Mann 


06/30/97 


96 CSE 1338 


Mann 


07/07/97 


96 CSE 1340** 


Morrison 


08/04/97 


96 CSE 1358 


Mann 


10/16/97 


96 CSE 1382 


Becton 


07/11/97 


96 CSE 1384 


Morrison 


07/24/97 


96 CSE 1403 


Morrison 


09/25/97 


96 CSE 1406*" 


Reilly 


08/21/97 


96 CSE 1446 


Mann 


10/22/97 


96 CSE 1449* " 


Reilly 


08/21/97 


96 CSE 1453*" 


Chess 


07/22/97 


96 CSE 1455 


Mann 


07/18/97 


96 CSE 1456 


Gray 


06/25/97 


96 CSE 1460*"" 


Smith 


09.'05/97 


96 CSE 1473 


Reilly 


08/21/97 


96 CSE 1480*' 


Morrison 


07/15/97 


96 CSE 1488 


Becton 


10/14/97 


96 CSE 1508*" 


Mann 


08/13/97 


96 CSE 1512 


Becton 


09/11. '97 


96 CSE 1521*^' 


Phipps 


07/24/97 


96 CSE 1527 


Reilly 


06/25/97 


96 CSE 1528 


Reilly 


09/24/97 


96 CSE 1558 


Becton 


07/11/97 


96 CSE 1566 


Smith 


09/05/97 


96 CSE 1568 


Becton 


07/11/97 


96 CSE 1573 


Mann 


10.'22/97 


96 CSE 1574 


Gray 


08/04/97 


96 CSE 1578 


Becton 


08/25/97 


96 CSE 1597 


Becion 


10/13/97 


96 CSE 1605*" 


Chess 


11/03/97 


96 CSE 1610*"' 


Chess 


07/18.'97 


96 CSE 1611 


Becton 


07/11/97 


96 CSE 1613 


Mann 


06/30/97 


96 CSE 1614*'^ 


Gray 


08/18/97 


96 CSE 1619 


Becion 


10/13/97 


96 CSE 1622 


Mann 


06/18/97 


96 CSE 1630 


Chess 


02/03/98 


96 CSE 1639 


Becion 


10/1397 



PUBLISHED DECISION 
REGISTER CITATION 



1671 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



CONTESTED CASE DECISIONS 






AGENCY 

Lenora McCracken v Departmenl of Human Resources 

Donald Lee Rodgers Sr, v Rowan Counly CSE. DHR, DSS. CSE 

Derrick Slurdivani v Deparimeni of Human Resources 

Clyde Williams v DHR. DSS. CSE, and Piu Counly CSE 

Lee R Jones v. Deparimeni of Human Resources 

Jeffrey S. Seals v. Deparimeni of Human Resources 

Cecil Hall v Deparimeni of Human Resources 

Gregors Mellon \ Deparimeni of Human Resources 

Neil G. McGilberry v, Deparimeni of Human Resources 

Devin J. Bello v Departmenl of Human Resources 

Phillip R Banner v Deparimeni of Human Resources 

Scon NL Rodriguez v Deparimeni of Human Resources 

James Wiihers v. Deparimeni of Human Resources 

David M Greene v. Buncombe Counly CSE and DHR. DSS. CSE 

Jarmarle Arnold v. Deparimeni of Human Resources 

Sean Heiiz v Deparimeni of Human Resources 

Naihan S Lockhari Sr. v Deparimeni of Human Resources 

Scoii James Peirill v Deparimeni of Human Resources 

Daniel E. Carpenier v. Deparimeni of Human Resources 

Daniel D Morse v. Deparimeni of Human Resources 

Daryl E Shankle v Child Support Enforcement .Agency 

Kevin R. Thomas v, Deparimeni of Human Resources 

Jeffrey William Sirama v. Deparimeni of Human Resources 

Joseph Fernandez v, Deparimeni of Human Resources 

Johnny Lewis Fields v Department oi Human Resources 

Alfred Covington v DHR. DSS. CSE and Burke Counly CSE 

Tommy L Hines Sr, v. Forsyth Counly Child Support Enforcement 

Kelvin Cherry v DHR. DSS. CSE. Durham Cty CSE and Wake Cty CSE 

Irvan Jemal Fonlenol v Departmenl of Human Resources 

Pearlie Blakney \ Department of Human Resources 

Leroy Grooms v Deparimeni of Human Resources 

Sarah Chambers v Department of Human Resources 

Leroy Grooms v Department of Human Resources 

Pedro Baliazar Jocobo v. Department of Human Resources 

Theodore McCleese v Departmenl of Human Resources 

Gerlru Jefferson Ward v. Depariment of Human Resources 

James Allen Harris v. Depariment of Human Resources 

John C. Henderson v Deparimeni of Human Resources 

William A Rogers v Deparimeni of Human Resources 

Mark R. Kearney v Department of Human Resources 

Michael J Powell v Departmenl of Human Resources 

Joseph Davis v. Department of Human Resources 

James G. Davis v Deparimeni of Human Resources 

Randy Gavurnik v, Deparimeni of Human Resources 

Curtis Leon Mock v Department of Human Resources 

Daniel E Carpenter v. Depariment of Human Resources 

Juan L. Allen v. Deparimeni of Human Resources 

Donald Mac Tipton v Department of Human Resources 

Guy R Auger v. Brunswick County Child Support Enforcement 

Andrew J Hough v Departmenl of Human Resources 

Michael V Dockery v. Deparimeni of Human Resources 

William Irving Commodore v. Department of Human Resources 

David F. Norman v. Depariment of Human Resources 

Richmond P Lambert III v Deparimeni of Human Resources 

Carvin Ray Burris v. Deparimeni of Human Resources 

Mar F. Jones v Departmenl of Human Resources 

Sharron S Chappell v Departmenl of Human Resources 

Denis J, Quinn v Deparimeni of Human Resources 

Franklin De.Angelo Siaien v Departmenl of Human Resources 

Roosevelt .Alston v Department of Human Resources 

Steve E Young v Deparimeni of Human Resources 

James Alan Letchworth v Depariment of Human Resources 

Nathaniel D. Carter v Depariment of Human Resources 

Dennis W Clov^ers v Depariment of Human Resources 

Tracy A, Merrill v Departmenl of Human Resources 

Randy Shaw v. Department of Human Resources 

Daniel J McDov^ell v. Depariment of Human Resources 

Enrico Phineas Acher v. Department of Human Resources 

Roger Waldren v. Department of Human Resources 

Randy Allen Vore v. Deparimeni of Human Resources 

Ramona G Garrett v. Departmenl of Human Resources 

Alan M, Greenberg v Department of Human Resources 

Johnny Hoyle Marsh Jr v. Department of Human Resources 

Walter McNeil v. Departmenl of Human Resources 



CASE 




DATE OF 


NXHMBER 


ALJ 


DECISION 


96 CSE 1644 


Mann 


06/30/97 


96 CSE 1667 


Beclon 


10/13/97 


96 CSE 1672 


Chess 


10/09/97 


96 CSE 1688 


Beclon 


10/13/97 


96 CSE 1719*' 


Phipps 


07/10/97 


96 CSE 1744 


Gray 


02/10/98 


96 CSE 1750*' 


Mann 


07/10/97 


96 CSE 1764 


Morrison 


09/17/97 


96 CSE 1766*" 


Beclon 


07/15/97 


96 CSE 1774 


Phipps 


07/16/97 


96 CSE 1802*-' 


Gray 


09/24/97 


96 CSE 1817*' 


Gray 


06/25/97 


96 CSE 1821 


Reilly 


08/21/97 


96 CSE 1844 


Beclon 


10/06/97 


96 CSE 1853 


Becton 


10/14/97 


96 CSE 1909 


Chess 


07/22/97 


96 CSE 1910 


Phipps 


07/16/97 


96 CSE 1914 


Morrison 


07/30/97 


96 CSE 1917*' = 


Phipps 


07/25/97 


96 CSE 1942 


Chess 


08/19/97 


96 CSE 1977 


Becton 


07/11/97 


96 CSE 1988 


Phipps 


02/13/98 


96 CSE 2043 


Beclon 


07/11/97 


96 CSE 2066 


Chess 


08,'21/97 


96 CSE 2084*" 


Smith 


10/02/97 


96 CSE 2086 


Beclon 


10/06/97 


97 CSE 0015 


ReiUy 


07/18/97 


97 CSE 0027 


Beclon 


10/13/97 


97 CSE 0223 


Beclon 


07/11/97 


97 CSE 0254 


Phipps 


07,/24/97 


97 CSE 0258*" 


Beclon 


07/18/97 


97 CSE 0278 


Morrison 


06/16/97 


97 CSE 0297*" 


Becton 


07/18/97 


97 CSE 0339 


Mann 


10/22/97 


97 CSE 0353 


Morrison 


08/05/97 


97 CSE 0381 


Chess 


08/22/97 


97 CSE 0401 


Mann 


10/16/97 


97 CSE 0408 


Smith 


09/05/97 


97 CSE 0410 


Gray 


06/25/97 


97 CSE 0417 


ReiUy 


08/07/97 


97 CSE 0418 


Beclon 


08/12/97 


97 CSE 0435*'- 


Phipps 


08/11/97 


97 CSE 0448 


Gray 


07/28/97 


97 CSE 0454 


Morrison 


08/04/97 


97 CSE 0490 


Mann 


06/17/97 


97 CSE 0501*' = 


Phipps 


07/25/97 


97 CSE 0550 


Smith 


09/05/97 


97 CSE 0564 


Gray 


09/15/97 


97 CSE 0600 


Morrison 


07/18/97 


97 CSE 0615 


Reilly 


08/21/97 


97 CSE, 542 


Mann 


10/03/97 


97 CSE 0671 


Mann 


10/03/97 


97 CSE 0672 


Gray 


07/28/97 


97 CSE 0712 


Morrison 


10/06/97 


97 CSE 0751 


Beclon 


09/11/97 


97 CSE 0777 


Phipps 


08/28/97 


97 CSE 0789 


Morrison 


12/04/97 


97 CSE 0794 


Reilly 


09/24/97 


97 CSE 0822 


Morrison 


11/06/97 


97 CSE 0874 


Phipps 


01/14/98 


97 CSE 0876 


Mann 


12/04/97 


97 CSE 0919 


Reilly 


12/08/97 


97 CSE 0931 


Smith 


09/25/97 


97 CSE 0944 


Becion 


09/11/97 


97 CSE 0947 


Phipps 


11/18/97 


97 CSE 0981 


Gray 


12/11/97 


97 CSE 0984 


Morrison 


09/10/97 


97 CSE 0990 


Reilly 


11/05/97 


97 CSE 1042 


Chess 


10/13/97 


97 CSE 1071 


Mann 


10/07/97 


97 CSE 1108 


Morrison 


12/04/97 


97 CSE 1311 


Smith 


12/08/97 


97 CSE 1314 


Smith 


02/09/98 


97 CSE 1324 


Becion 


09/11/97 



Pl'BLISHED DECISION 
REGISTER CITATION 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1672 



CONTESTED CASE DECISIONS 



ACiENCY 

Glenn O Greene v Depanmeni of Human Resources 
George J Kozykowski Jr. v Depanmeni of Human Resources 
Johnny Lee Barileii Jr v. Depanmeni of Human Resources 
Christopher McNeill v Depanmeni of Human Resources 
Donald Monroe v Depanmeni of Human Resources 
Gregory P, Hublitz v Depanmeni of Human Resources 
William F, Driscoll v Depanmeni of Human Resources 
Herberio Garcia v Depanmeni of Human Resources 
Wayne Deross v Depanmeni of Human Resources 
Kenneih B Smiih v Depanmeni of Human Resources 
David S McCullar V Depanmeni of Human Resources 
Dennis McNeill v Depanmeni of Human Resources 
David Hobson v Depanmeni of Human Resources 
Jerry Whiiley v Mecklenburg Couniy Child Suppon Enforcement 
Linda Wade-Hargrove v Department of Human Resources 
Regina C- Sullivan v Department of Human Resources 
Teri Lynne Lanier v. Department of Human Resources 
KalrinaT, Johnson v. Department of Human Resources 
Clarisa Carter Watson v. Department of Human Resources 
Pauletle Duggins Rodgers v Department of Human Resources 



INSURANCE 

Joseph J Peacock ' 



Depanmeni of Insurance 



JUSTICE 

Barbara Carter Irons v. DHR, Division of Facility Services 

Paul Harvey Taylor v Depanmeni of Justice. Company Police Program 

Christopher Michael Lynn v Company Police Program 

William G Fisher v Consumer Protection. Department of Justice 

Imran Ramnarine v Department of Justice. Company Police Program 

Alarm Systems licensing Board 

Kim Brian Phelps v Alarm Systems Licensing Board 
Daniel Joseph Dunne. Ill v Alarm Systems Licensing Board 

Education and Training Standards Division 

Charles Thomas Ohnmacht. Jr v, Criml. Justice Ed. Training Stds Comm. 
Jon Randolph O'Dell v Criml. Justice Ed. Training Sids Comm. 
James Haywood Mathews. Jr. v, Criml Justice Ed. /Training Stds, Comm 
Teresa D, Wright v. Sheriffs' Ed & Training Stds. Comm. 
Christopher Lee v Criminal Justice Ed & Training Standards Comm 
Steven Wayne Olsen v Criminal Justice Ed & Training Standards Comm 
Edward Delano Hammock v. Criminal Justice Ed & Training Sds Comm 
Garfield Duncan Whiiaker v. Criminal Justice Ed & Training Stds Comm. 
Joseph Lonnie Wesson v. Criminal Justice Ed & Training Standards Comm 
Frank Arlander Hearne v. Criml Justice Ed & Training Stds, Comm. 
Audrey McDonald Rodgers v Sheriffs' Ed & Training Stds, Comm, 
Gerald S Wingaie v Sheriffs' Ed & Training Stds. Comm. 
William Malcolm Mourino v, SherilTs' Ed. & Training Stds, Comm. 
Derrick W Bowens v. Sheriffs' Education & Training Standards Comm 
Joseph Ray Davis v Sheriffs' Ed. & Training Stds Comm. 
William Wayne McDowell v. Sheriffs' Education & Training Stds Comm, 
Roy Randolph Carpenter. Jr. v, Crim Justice Ed. & Training Stds Comm 
Karen Poole Daniels v. Sheriffs' Ed. & Training Stds Comm, 
James Earl Everett v Crim, Justice Ed & Training Stds Comm, 
Anihony Jerome Jackson v Sheriffs' Ed. & Training Stds. Comm. 

Private Protective Services Board 
Private Protective Services Board v Phillip L Hanson 
Ronald .Anthony Bobeck v Private Protective Services Board 
Joseph D. While v. Private Protective Services Board 
Harry A. House v. Private Protective Services Board 
Earl Thomas Wilson v. Private Protective Services Board 
Patli Jones v. Private Protective Services Board 
John Stokes, Jr v Private Proiective Services Board 
Steven M. Riley v Privaie Proiective Services Board 

PUBLIC INSTRUCTION 

Nicholas Eirschelc. by his parents. Charles & Kathy Eirschele v Craven 

County Board of Education 
Jay and Elisabelh Miller v Henderson Couniy Public Schools 
Karen L Holgersen v. Department of Public Instruction 
Meridith Kirkpairick. by her parent. Susan Kirkpairick and Meridiih 
Kirkpatrick. Individually v. Lenoir County Board of Education 



C.\SE 




DATE OF 


NUMBER 


ALJ 


DECISION 


97 CSE 1.175 


Becton 


02/10/98 


97 CSE 1397 


Phipps 


01/13/98 


97 CSE 1398 


Mann 


02/03/98 


97 CSE 1434 


Reilly 


02/11/98 


97 CSE 1449 


Gray 


02/02/98 


97 CSE 1468 


Gray 


02/10/98 


97 CSE 1469 


Morrison 


02/02/98 


97 CSE 1477 


Morrison 


02/02/98 


97 CSE 1500 


Gray 


02/02/98 


97 CSE 1520 


Becton 


02/02/98 


97 CSE 1546 


Mann 


01/12/98 


97 CSE 1552 


Reilly 


02/02/98 


97 CSE 1747*" 


Phipps 


07/24/97 


97 CSE 2037 


Reilly 


08/21/97 


97 DCS 0365 


Becton 


07/11/97 


97 DCS 0482 


Becton 


07/18/97 


97 DCS 0738 


Smith 


09/05/97 


97 DCS 0856 


Becton 


09/24/97 


97 DCS 0909 


Gray 


10/02/97 


97 DCS 1238 


Smith 


12/08/97 


96 INS 0433 


Becton 


07/25/97 


97 DOJ 0669 


Phipps 


08/27/97 


97DOJ0916 


Reilly 


10/03/97 


97 DOJ 1120 


Chess 


10/22/97 


97 DOJ 1300 


Mann 


01/15,'98 


97 DOJ 2071 


Becton 


06/11/97 


96 DOJ 1 785 


Gray 


08/08/97 


97 DOJ 0868 


Phipps 


09/12/97 


96 DOJ 0353 


Phipps 


06/13/97 


96 DOJ 1466 


Phipps 


09/16/97 


96 DOJ 1957 


Reilly 


07/31/97 


97 DOJ 0035 


Morrison 


01/08/98 


97 DOJ 0076 


Morrison 


06/19/97 


97 DOJ 0077 


Phipps 


08/21/97 


97 DOJ 0078 


Gray 


12/19/97 


97 DOJ 0121 


Phipps 


1 1 /04/97 


97 DOJ 0136 


Reilly 


08/26/97 


97 DOJ 0137 


Reilly 


06/10/97 


97 DOJ 0308 


Reilly 


07 '3 1/97 


97 DOJ 0428 


Gray 


10/09/97 


97 DOJ 0430 


Phipps 


09/16/97 


97 DOJ 0661 


Smiih 


08/29/97 


97 DOJ 0747 


Gray 


10/02/97 


97 DOJ 0817 


Morrison 


08/22/97 


97 DOJ 0977 


Becton 


12/31/97 


97 DOJ 1128 


Morrison 


02/02/98 


97 DOJ 1218 


Gray 


01/26/98 


97 DOJ 1426 


Phipps 


01/09/98 


96 DOJ 0795 


Smith 


06/05/97 


97 DOJ 0476 


Morrison 


06/20/97 


97 DOJ 0724 


Gray 


10/06/97 


97 DOJ 0727 


Phipps 


09/11/97 


97 DOJ 0996 


Gray 


10/06/97 


97 DOJ 1195 


Reilly 


11/03/97 


97 DOJ 1196 


Reilly 


11 '03/97 


97 DOJ 1445 


Mann 


01,'30,'98 


96 EDC 0655 


Mann 


09/02/97 


96 EDC 0766»-"" 


Phipps 


12'11'97 


96 EDC 0808 


Smith 


05 27/97 


96 EDC 0979 


Overby 


06'02'97 



pi:blished decision 
register citation 



12:04 NCR 327 



12:06 NCR 501 



12:13 NCR 1201 



1673 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



CONTESTED CASE DECISIONS 



AGENCY 

Brian Allen Hoffman v Deparimtnl of Public Insiruciion 
Alexander & Linda Brody & iheir son. James Brody v Dare County 

Public Schools 
Jay and Elisabelh Miller v Henderson County Public Schools 
Brenda Joyce Brooks Lovely v State Board of Education 
John G. Schaenman v Slate Board of Education 
Norman D Crolls v. Stale Board of Education 

Paul W. Bonham v. Stale Board of Education, Dept, of Public Insiruciion 
Fred W Crawford U v Charlolle/Mecklenburg Board of Education 
Walter R Bennett v Slate Board of Education 
Julius 0- Webb v Hertford County Board of Education 
Charles Beverly Whitley v Slate Board of Education 
H. Margaret Willelts v. Department of Public Instruction 
Karen Clark Ceccato v Department of Public Instruction 
Carl Smith Herman v Stale Board of Education 
Cynthia Chisley v Cumberland County Board of Education 
Thomas Jenkins (Student). Bernitha Jenkins (Parent) v. Ralph Pike Senior 

High. Wilson County Public School 

STATE PERSONNEL 



CASE 




DATE OF 


NXTMBER 


ALJ 


DECISION 


96EDC 1013 


Gray 


10/24/97 


%EDC 1095 


Creech 


08/25/97 


96EDC nOS,*'-'' 


Phipps 


12/11/97 


97 EDC 0089 


Morrison 


08/01/97 


97 EDC 0095 


Morrison 


10/07/97 


97 EDC 01 17 


ReiUy 


09/23/97 


97 EDC 0343 


Smith 


10/28/97 


97 EDC 0345 


Smith 


10/21/97 


97 EDC 0657 


Smith 


09/29/97 


97 EDC 0736 


Gray 


09/09/97 


97 EDC 0898 


Bccion 


12/31/97 


97 EDC 0978 


Phipps 


10/29/97 


97 EDC 0989 


Smith 


09/16/97 


97 EDC 1050 


Becton 


10/27/97 


97 EDC 1167 


Gray 


12/29/97 


97 EDC 1550 


Smith 


01/06/98 



PUBLISHED DECISION 
REGISTER CITATION 



12:07 NCR 581 
12:13 NCR 1201 



Adminislration 

Paul F Rock v Dept of Administralion Div. of Purchase and Contract 97 OSP 1404 Phipps 

Brunswick Community College 

Dr Donald W Skinner v Brunswick Community College 



Correction 

Janice Harding v Department of Correction 

William H. Williamson v. A.K. Pruiit, Sup. Blanch Youth Inst. Correction 

William H. Williamson v A K Pruitt, Sup. Blanch Youth Inst, Correction 

Michael McKimmey v Department of Correction 

Pamela Robinson v. Department of Correction 

Pamela Robinson v Department of Correction 

Stephen Dubay v Department of Correction 

Rodney Jones. Paula Hawkins. James McKoy v. Dept of Correction 

Rodney Jones. Paula Hawkins, James McKoy v. Dept. of Correction 

Rodney Jones, Paula Hawkins, James McKoy v. Dept. of Correction 

Larry Wayne Pruitt. Jr. v. Department of Correction 

Margaret Martin Roberts v Department of Correction 

William Hershel Bradley v Franklin Freeman. Supt Mark Hughes. 

Grant Spicer. Asst Supt. Wade Hatley. et al. Department of Correction 
Dennis Harrell v. Department of Correction 
Ray Evans Joyner v Correction. Div. of .Adult Probation/Parole 
Morton Floyd v. New Hanover Department of Correction 
Fannie P Greene v Adult Probation. State of NC 
William G Jordan v. Department of Correction 
Joe Nathan Graham v Department of Correction 

William A. Rich v, Dennis Rowland (Asst, Supt.) Wake Corr. Ctr DOC 
Deborah R. Dixon v Department of Correction 
Tone M, Osborne v Department of Correction 
Dennis M. Butcher v Department of Correction 
Lonnie F. McCaskill. IH v Department of Correction 
William E- McCaskill v Department of Correction 
William .A Rich v. Department of Correction 
Andrew Pinto v Department of Correction 

Regina Draughon v Department of Correction. Duplin Correctional Ctr 
Ronald M. Johnson v Emp Rel Comm.. DOC (Morrison Youth Inst ) 
Bernie B Kelly v. Harry Chambers. Department of Correction 
Stanley L. Ingram v. Department of Correction 
Randy L. Tompkins v Department of Correction 
Andrew Pinto v Department of Correction 
Reginald W. Lewis v. Piedmont Corr, Institute. Mr T Pinion. Cpt. 

K, Fry. Sgt. Dancy. SCT, B. Crawford 
Donald W Keith v Department of Correction 
Frances A, Holden v Lumberton Correctional Institute 
Thomas Woolridge v Lumberton Correctional Institute 

Crime Control and Public Safety 

Timothy M, Lassiter v Crime Control & Public Safety. St. Hwy Patrol 

Carroll E Ward v. Slate Highway Patrol 



97 OSP 1404 


Phipps 


01/09/98 


97 OSP 0310 


Phipps 


06/12/97 


87 OSP 1250 


Morrison 


01/12/98 


93 OSP 0687*" 


Gray 


01/28/98 


93 OSP 1379*" 


Gray 


01/28/98 


96 OSP 0254 


Reilly 


12/18/97 


96 OSP 0403*" 


West 


12/08/97 


96 OSP 0654*" 


West 


12/08/97 


96 OSP 0896 


Gray 


01/28/98 


96 OSP 1051*" 


Phipps 


08/20/97 


96 OSP 1119*" 


Phipps 


08/20/97 


96 OSP 1120*" 


Phipps 


08/20/97 


96 OSP 1133 


Gray 


08/11/97 


96 OSP 1157 


Reilly 


01/26/98 


96 OSP 1604 


Phipps 


06/19/97 


96 OSP 2039 


Chess 


06/18/97 


97 OSP 0100 


Becton 


09/18/97 


97 OSP 0152 


Gray 


06/13/97 


97 OSP 0261 


Gray 


11/20/97 


97 OSP 0469 


Morrison 


10/31/97 


97 OSP 0539 


Smith 


01/13/98 


97 OSP 0542 


Gray 


09/02/97 


97 OSP 0594 


Smith 


01/29/98 


97 OSP 0601 


Smith 


10/27/97 


97 OSP 0745 


Reilly 


12/10/97 


97 OSP 0761 


Gray 


10/02 ,'97 


97 OSP 0770 


Becton 


09/26/97 


97 OSP 0853 


Mann 


12/23/97 


97 OSP 0873 


Becton 


10/31/97 


97 OSP 0883 


Phipps 


12/19/97 


97 OSP 0940 


Gray 


10/02/97 


97 OSP 0998 


Becton 


02/03/98 


97 OSP 1075 


Mann 


12/23/97 


97 OSP 1110 


Smith 


12/16/97 


97 OSP 1261 


Phipps 


02/04/98 


97 OSP 1276 


Smith 


12/02/97 


97 OSP 1294 


Chess 


01/14/98 


97 OSP 1321 


Becton 


12/31/97 


97 OSP 1401 


Becton 


12/19/97 


97 OSP 0423 


Phipps 


10/29/97 


97 OSP 0750 


Mann 


09/16/97 



12:14 NCR 1363 
12:14 NCR 1373 
12:14 NCR 1373 



12:17 NCR 1677 



12:11 NCR 987 



12:17 NCR 1685 



12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1674 



CONTESTED CASE DECISIONS 



AGENCY 

Employment Security Commission 
Broxie J- Nelson v Empioymeni Securin Commission 
Sandra T Shearm v Employment Security Commission 
Mary H. Ranson v. Empioymeni Security Commission 
Carrie F Luther v. Employment Security Commission 
Frances P- Gray v. Employment Security Commission 

Environment, Health, and Salural Resources 
Ym-Pong G Chang v EHNR. Di\ Environmental Management 
Dowell Gray v Department of Environment and Natural Resources 
and 
Onslow County Department of Health 
James Fred Sviain v Environment. Health, and Natural Resources 
James S. Kantor v Environment. Health, and Natural Resources 

Human Resources 

Betty J Souther v New. River Area MB DD S,.\ Program 

Kenneth B. Cooper v. Piedmont .Area .Mental Health 

Willie D Parks v. Cherry Hospital. Department of Human Resources 

Robert Tilson Morley v Department of Human Resources 

Glen Sutton v Cumberland County Department of Social Services 

Brenda C- Burgess v Dept of Human Resources iBroughton Hospital) 

Felicia .^nn Baker v , Lenoir County DSS. Jack B Jones 

Sharron S Moten v. Lenoir County DSS. Jack B Jones 

Pamela .Massey v Department of Human Resources 

Clifton Dean Hill v. Department of Human Resources 

Benme .Allen Suttle v. Department of Human Resources 

Calvin E Kaiser v Southeastern Mental Health Center 

Sandra Riley v. Onslov^ County Department of Social Services 

Vicky Angel Morgan v Buncombe County Department of Social Services 

.Antoinette LeveiUe v Onslov, County Department of Social Services 

Rick A- Sanders v. Department of Health and Human Services 

Troy Gaines v Durham County Menul Health Department 

Edward Percell Bason v Department of Human Resources 

Dale Dees v Trend Community Mental Health Services 

Lisha Dav^n Byrd v Human Resources (Western Carolina Centeri 

Richard G- Steeves v. Scotland County Board of Health 

Antonio .A Archibeque v Barbara D Whitley. Dir. Stanly County DSS 

DHR. Deaf & Hard of Hearing CNCSD. Evonne Broadnax v. DHR. 

Deaf & Hard of Hearing CNCSD 
Richard G Sleeves v. Scotland County Board of Health & Scotland County 
Julia R Baker V Union County Department of Social Services 
Mary E. Reed v. Department of Human Resources (Broughton Hospital) 

Public Instruction 

Frances Phillips Melott v Department of Public Instruction 
Dowell Gray v Department of Environment and Natural Resources 
and 
Onslow County Department of Health 



CASE 




DATE OF 


PUBLISHED DI 


XISION 


NX^IBER 


.\LJ 


DECISION 


REGISTER CITATION 


96OSP0378 


Becton 


07/10/97 






97OSP0293 


Phipps 


01/07/98 






97OSP0387 


Mann 


07/24/97 






97 OSP 0943 


Mann 


01/12/98 






97 OSP 0948 


Smith 


01/13/98 






95 OSP 0937 


Reilly 


02/13/98 






97 OSP 0374*" 


Gray 


12/01.'97 


12:13 NCR 


1222 


96 OSP 0440 


Gray 


10.'02/97 


12:09 NCR 


851 


96 OSP 0633 


Smith 


09/30/97 


12:09 NCR 


854 


94 OSP 0327 


Becton 


10/20/97 






95 OSP 0312 


Smith 


12/19/97 






96 OSP 0617 


Phipps 


09/10/97 






96 OSP 0969 


Gray 


08 21/97 






96 OSP 1296 


Gray 


07 17/97 






96 OSP 1485 


Phipps 


10/13/97 






96 OSP 1664 


Becton 


12/05;'97 






96 OSP 1665 


Becton 


12 05 97 


12:13 NCR 


1215 


96 OSP 1927 


Becton 


08/28 97 


12:06 NCR 


497 


97 OSP 0007 


Phipps 


06/20/97 


12:02 NCR 


107 


97 OSP 0069 


Reilly 


09/30/97 






97 OSP 0073 


Gray 


08 08 97 






97 OSP 0217 


Reil'ly 


10 14 97 






97 OSP 0283 


Becton 


10 02/97 






97 OSP 0305 


Chess 


0130 98 






97 OSP 0307 


Reilly 


10 16 97 






97 OSP 0347 


Mann 


0805 97 






97 OSP 0363 


Gray 


08/15/97 






97 OSP 0402 


Mann 


11 24 97 


12 12 NCR 


1087 


97 OSP 0491 


Morrison 


08 28 97 






97 OSP 0622*^ 


Phipps 


10 21 97 






97 OSP 0663 


Smith 


09/0297 






97 OSP 0756 


Becton 


09/03/97 






97 OSP 0760'=' 


Phipps 


10/21/97 






9^ OSP 0783 


Gray 


10/13/97 






97 OSP 0907 


Smith 


02 05,98 






95 OSP 0907 


Trawick 


06 09 97 






97 OSP 0374»" 


Grav 


12 0197 


12:13 NCR 


1222 



I 



Transponation 

Tommie R. Jones. Samuel W. Winstead. Timothy C Sturges. Michael L 

Boone. and Ronnie Batchelor v. Dept of Transportation. Div of Motor 

Vehicles. Enforcement Section 
Tommie R. Jones. Samuel W. Winstead. Timothy C. Sturges. Michael J. 

Boone, and Ronnie Batchelor v Dept. of Transportation. Div. of Motor 

Vehicles. Entbrcement Section 
Tommie R. Jones. Samuel W. W'insiead. Timothy C. Sturges. Michael J. 

Boone. and Ronnie Batchelor v Dept of Transportation. Div. of Motor 

Vehicles, Enforcement Section 
Georgia B, Warren v. Dept. of Transportation. Div. of Motor Vehicles. 

Enforcement Section 
Tommie R. Jones. Samuel W. Winstead. Timothy C. Sturges. Michael J. 

Boone, and Ronnie Batchelor v. Depl. of Transportation. Div. of Motor 

Vehicles, Enlorcement Section 
Tommie R. Jones. Samuel W. Winstead. Timothy C. Sturges. Michael J. 

Boone, and Ronnie Batchelor v Dept. of Transportation. Div, of Motor 

Vehicles, Enforcement Section 
Wendell L. Webb v. Deparim.ent of Transportation, Ferry Division 
Wendell L. Webb v. Department of Transportation. Ferry Division 
Frank A. Tice, HI v. Department of Transportation 
Roy J. Abbott v. Department of Transportation 
James French v. Department of Transportation 



96 OSP 0781'-' 


Phipps 


1L13 97 


12:11 NCR 


979 


96 OSP 0782'^ 


Phipps 


1113 -97 


12:11 NCR 


979 


96 OSP 0783'-'' 


Phipps 


11,13,97 


12:11 NCR 


979 


96 OSP 0784*=" 


Phipps 


11 13 97 


12:11 NCR 


979 


96 OSP 0785'=" 


Phipps 


11 13 97 


12:11 NCR 


979 


96 OSP 0786'=° 


Phipps 


11:13 97 


12:11 NCR 


979 


96 OSP 1710*=' 


Phipps 


10 31 97 






9-" OSP 0198*=- 


Phipps 


10 31.97 






9" OSP 0380 


.Mann 


09 05 97 






97 OSP 0697 


Morrison 


12 05 97 






97 OSP 1252 


Smith 


12,1697 







1675 



NORTH CAROLINA REGISTER 



March 2. 1998 



12:17 



CONTESTED CASE DECISIONS 



I 



AGENCY 

University of Sonh Carolina 

Boyd S- Taylor v. NC Ceniral University 

Gregory Lapicki v. EasI Carolina University 

Diane Riggsbee-Raynor v. UNC at Chapel Hill 

Helen Mclniyre v. UNC-TV University of North Carolina 

Elaine P Browne v. Winston-Salem Stale University 

Carol Glosson v. University of NC Hospitals at Chapel Hill 

Theresa Rogers v. University of NC Hospitals at Chapel Hill 

Ann O. Meares v, NC State University 

Jesse Daniels v East Carolina University 

Darrell J Hampton v, NC Central University 

Clinton A. Browne v, NC A&T State University 

Kenneth L. Jarman v. East Carolina University 

William A. Covington v. NC A & T State University 

Beth W Vinson v. Western Carolina University 

Viola Simmons v. UNC-Wilmington 

Helen Mclniyre v. UNC-TV University of North Carolina 

Helen Mclniyre v. UNC-TV University of North Carolina 

E Julius Carter v. UNC-Greensboro 

Cindy Harizell v. N.C.S.U. Facilities Operations 

Edward L, Chaiman v, UNC Hospital Marriot 

Winifred Bird v. University of NC Hospitals at Chapel Hili 

Sharon McLawhorn v. East Carolina University 

SECRETARY OF STATE 

Greenway Capital Corp & Stacey Lee Davis v Securities Div. Sec'y/S 
Teresa M. Colirain v. Secretary of State 

STATE TREASIIRER 

Shelby H- Underwood, et-al. v. Trustees Teachers'St- Emp Ret. SyS- 
Richard Albert Jose v. Stale Treasurer Retirement Systems Div 
Annie Tharnngton Harrington v. Trustees Teachers/St. Emp Ret, Sys. 



TRANSPORTATION 

Audrey W. Hams v Transportation. Manson/Wheat Contr,, & Wake Elec- 97 DOT 0566 

UNIVERSITY OF NORTH CAROLINA 

Clinton S. Rogers v. UNC-Chapel Hill 



CASE 




DATE OF 


Pl'BLISHED DECISION 


NTJMBER 


ALJ 


DECISION 


REGISTER CITATION 


94 OSP 0363 


Chess 


09/12/97 




94 0SP 1721 


Reilly 


02/11/98 




96 OSP 0326 


Chess 


06/04/97 


12:01 NCR 39 


96 OSP 0822 


Gray 


09/26/97 




96 OSP 1007 


Reilly 


09/24/97 




96 OSP 1015 


Becton 


10/08/97 




96 OSP 1065 


Morrison 


10/23/97 




96 OSP 1870 


Chess 


09/22/97 




97 OSP 0123 


Morrison 


01/13/98 




97 OSP 0155 


Mann 


08/11/97 




97 OSP 0199 


Phipps 


09/18/97 




97 OSP 0249 


Gray 


09/26/97 




97 OSP 0686 


Becton 


08/29/97 




97 OSP 0762 


Phipps 


10/10/97 




97 OSP 0859 


Gray 


11/18/97 




97 OSP 0991 


Gray 


09/26/97 




97 OSP 1148 


Gray 


10/16/97 




97 OSP 1202 


Phipps 


11/05/97 




97 OSP 1299 


Phipps 


02/13/98 




97 OSP 1384 


Phipps 


01/20/98 




97 OSP 1413 


Phipps 


01/12/98 




97 OSP 1560 


Phipps 


02/05/98 




94 SOS 0097 


Gray 


10/28/97 




97 SOS 0499 


Reilly 


10/22/97 


12:10 NCR 914 


96 DST 0390 


Reilly 


08/05/97 




97DST0281 


Reilly 


10/02/97 




97 DST 0866 


Mann 


01/15/98 


12:15 NCR 1468 


97 DOT 0566 


Gray 


07/28/96 




97 UNC 1062 


Becton 


10/31/97 





12:17 



NORTH CAROLINA REGISTER 



March 2, 1998 



1676 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF CHEROKEE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96 0SP1157 



MARGARET MARTIN ROBERTS, 
Petitioner, 



DEPARTMENT OF CORRECTION, 
Respondent. 



RECOMMENDED DECISION 



This matter was heard before the undersigned administrative law judge on June 4 and 5, 1997, in Asheville. The transcript 
was not completed until November 6, 1997. The parties filed their proposed recommended decisions on or about January 2, 1998. 

Mark L. Killian appeared for Petitioner. J. Philip Allen appeared for Respondent. Petitioner presented nine witnesses 
and introduced E.xhibits# 1 - 24. Respondent presented eleven witnesses and introduced Exhibits # 1, 4. 7 - 16. 18 - 24, and the 
last two pages of ExJiibit It 29. 

ISSUES 

1 . Did Respondent fail to promote Petitioner to the position of Chief Probation/Parole Officer for Cherokee, Clay 
and Graham Counties in 1996 because of her sex? 

2. Did Respondent fail to promote Petitioner to the position of Chief Probation/Parole Officer for Cherokee, Clay 
and Graham Counties in 1996 because of her age? 

3. Did Respondent fail to promote Petitioner to the position of Chief Probation/Parole Officer for Cherokee, Clay 
and Graham Counties in 1996 because of her political affiliation? 

4. Did Respondent assign Petitioner to cover two additional counties in her job as an administrative Probation/Parole 
Officer in retaliation for protesting alleged violations? 

FINDINGS OF FACT 

1. Petitioner is a female who was bom on January 21, 1940. 

2. Petitioner received a bachelor's degree in clothing and textiles from Auburn University and later received teacher 
certifications and 18 credit hours towards a master's degree from V/estem Carolina University. Before being hired by Respondent, 
Petitioner worked in various teaching and teacher aide positions. 

3. Petitioner was hired by Respondent on September 1, 1986, as a Probation/Parole Officer (PPG), working in Clay 
and Cherokee Counties under the supervision of Edwin Hendrix. 

4. Prior to 1994, Petitioner was a field PPG and personally supervised probationers. In 1994, Petitioner laterally 
transferred to become the administrative PPG for the 30'" Judicial District which includes Clay, Cherokee, Graham, Haywood, 
Jackson, Macon and Swain Counties. Thomas Lance was her supen-'isor. She did the data entry and paperwork to set up new cases 
for field PPGs. The District has 20-25 PPGs and three Chief PPGs. 

5. Petitioner is a Republican. 

6. Throughout the period from 1986 through 1994, Petitioner's job evaluations were consistently favorable, with 
many ratings of "Exceeding Expectations" and "Very Good." 



7677 



NORTH CAROLINA REGISTER 



March 2, 1998 



12:17 



CONTESTED CASE DECISIONS 



1 . In 1994, Petitioner applied for the position of Chief PPO for Cherokee, Clay and Graham Counties, which became 

open when Hendrix was promoted to 30th Judicial District Manager. 

8. Five applicants, including Petitioner, were interviewed in 1994 for the open Chief PPO position. Four were 
Republicans and one was a Democrat. The Democrat, George Kraushaar, who had worked as a field PPO in Cherokee County since 
1987, was selected. Petitioner had more seniority. All five applicants were rated as "acceptable" by the interview committee. The 
interview summaries noted that both Petitioner and Kraushaar had received ratings of "Very Good" on their last evaluations and 
were generally complimentary of both Petitioner's and Kraushaar's qualifications. 

9. Kraushaar was not a forceful leader during his tenure as Chief PPO. In particular, he had trouble asserting his 
authority over Mark Stiles, Mike Gregory and Amy Mashbum, who were upset that he had been selected as Chief PPO instead of 
Petitioner. Charles White. Assistant Division Chief, stated that Kraushaar did not exercise control over the Office. Continuous 
political rumors interfered with the functioning of the Office. 

10. In April 1995, and again in September 1995, Petitioner received "Very Good" performance ratings, with positive 
comments from Kraushaar and Lance, the two Chief PPOs in whose districts she worked as an administrative PPO. Each of those 
ratings was countersigned by Hendrix. as Judicial District Manager. 

11. On September 18, 1995, Jason Shane Whitaker was placed on probation for five years by Superior Court Judge 
Preston Cornelius for eight counts of breaking and entering and eight counts of larceny. PPO John Carpenter was assigned as 
Whitaker's supervising officer. 

12. In late 1995, Petitioner was asked by Whitaker's mother and by Whitaker's attorney to try to get Whitaker's 
probation terminated so that he could enter military service. Petitioner had helped Whitaker's other son, David, join the Jobs Corps 
and obtain employment. Whitaker's mother believed that Carpenter was not helping her son. In fact. Carpenter had a conflict of 
interest. Jason was dating Carpenter's daughter Mindy. Carpenter denied that there was any serious relationship. However, 
Petitioner's Exhibits #23 and 24 show Jason and Mindy in romantic poses. The undersigned asked Carpenter and other witnesses 
whether this was a conflict of interest. The answers were "no" and that things were done the "mountain way." One of Respondent's 
witnesses admitted that he supervised his niece. Nevertheless, the undersigned examined the Respondent's manual and read the 
following into the record: " Professional Relationship : It is the policy of the Division of Adult Probation and Parole for its 
employees to maintain a professional relationship with offenders anywhere in the criminal justice system. While friendly, open 
professional relationships are encouraged, it is against policy for employees to become personally involved or socially associate 
with offenders under supervision ..." Mr. Carpenter was "personally involved" with Jason. The petitioner properly intervened 
in order to remedy the situation. 

13. On January 8, 1996, Petitioner presented a proposed order to Superior Court Judge James U. Downs containing 
Petitioner's recommendation that Whitaker's probation be terminated. Judge Downs, relying on Petitioner's recommendation, 
signed the order. 

14. Prior to the termination of Whitaker's probation. Petitioner spoke to Carpenter about helping to get Whitaker into 
the military. 

15. Petitioner did not obtain the approval of Kraushaar to have Whitaker's probation terminated or to have the 
completion of his community service waived. It was not the practice at the time for PPOs to obtain his approval. 

16. Carpenter learned that Whitaker's probation had been terminated when Carpenter happened to meet Whitaker and 
encouraged him to complete his community service. Whitaker replied that Petitioner had told him that he wasn't on probation 
anymore. 

17. Petitioner gave Carpenter a copy of the termination papers on January 24, 1996. Carpenter did not question 
Petitioner about the termination. Petitioner had previously spoken to him about assisting Jason. Terminating probation early was 
done by all the PPOs. 

18. Kraushaar testified that he became aware of the termination on January 24, 1996. 

19. Kraushaar reported the termination to Hendrix who directed Kraushaar to get a written statement from Carpenter 
and to notify Petitioner's supervisor. Lance. 



12:17 NORTH CAROLINA REGISTER March 2, 1998 1678 



CONTESTED CASE DECISIONS 



20. On January 25, 1996, Carpenter wrote out a statement about the matter and Kraushaar sent a memo to Lance 
describing the termination and recommending that "appropriate action be taken." 

21 . Hendrix reported the Whitaker incident to his superiors, Roger Haney and Charles White, the Chief and Assistant 
Chief, respectively, of the Fourth Judicial Division. Haney reported it to Theodis Beck and Paul Gross, the Director and Business 
Officer, respectively, of the Division of Adult Probation and Parole. 

22. On January 26, 1996, Petitioner filed an application for the position of Chief PPO for Cherokee, Clay and 
Graham Counties, to replace Kraushaar, who was stepping down to become an Intensive PPO. Petitioner was qualified for the 
position. Although Petitioner did not announce in advance that she would apply for the position, it was commonly known by both 
Democrats and Republicans that she would apply for the position. In fact, the activity by Kraushaar, Hendrix, Carpenter, Lance, 
Hendrix, Haney, and White before and after the filing of her application was influenced by the fact that the Petitioner, a 
Republican, with experience and performance ratings of "Very Good and "Exceeding Expectations" was going to and had applied 
for the Chief PPO position. Hendrix and White, Democrats, sat on the interview committee for the Chief PPO position. Petitioner 
received a poor rating from the committee. Hendrix once stated that the Petitioner "had sued the State and she would never get 
another promotion." Hendrix knew the Petitioner was a Republican and considered her to be an "activist." 

23. On January 30, 1997, Lance summoned Petitioner to his office in Bryson City. She was met there by Lance, 
Hendrix, and Becky Warner, a stenographer, who took notes of the meeting. Lance and Hendrix presented Petitioner with a memo 
regarding the Whitaker incident, had her sign an internal investigation form, and gave her a list of 25 questions about the Whitaker 
incident to answer in writing. She complied. 

24. Immediately after the January 30 meeting, Lance and Warner followed Petitioner to her office in Hayesville and 
directed her to hand over to them her 1994 and 1995 closed files to be audited. This was the first time such an audit had been 
performed. Charles Neal wrote White on March 5, 1996, that "the audit of (Petitioner's) cases showed these files to be in good 
shape with recent case reviews. Any problems or deficiencies (and there were very few) could be attributed to recent review and 
the file not being in the officer's possession." Petitioner's Exhibit #17. 

25. On February 12, 1996, Lance issued to Petitioner a written warning, which stated that the termination of 
Whitaker's probation without the knowledge of his probation officer and without the prior approval of Petitioner's supervisor 
violated Division policy and constituted unacceptable job performance. Lance also issued to Petitioner a "coaching" performance 
review, in which she was instructed to follow established policy and procedure in staffing cases with the Chief PPO. The actions 
taken by the Respondent from January 24, 1996, through February 12, 1996, were undertaken to discredit the Petitioner as an 
applicant for the Chief PPO position. The extensive evidence of an open rift and ill-feelings between the Democrats and Republicans 
in the operation of the Probation and Parole Office support this finding. The petitioner also received a "Below Good" and 
"Unsatisfactory" rating for the first time. Further evidence of the politicizing of the Office and the Respondent's political affiliation 
discrimination against the Petitioner is contained in Respondent's Exhibit #11 named "1996 Interview Package for: Margaret 
Roberts." The Exhibit contains her first "Below Average" rating given by White and Hendrix, her application for the Chief PPO 
position and among other things "a smoking gun" - i.e. a copy of a newspaper article concerning a breakfast hosted by the Cherokee 
and Clay County Republican Party Organization for Gubernatorial Candidate Robin Hayes. The article states that: "Cherokee 
County GOP chairwoman Curtis Dockery and Clay County chairwoman Margaret Roberts arranged the breakfast held Jan. 27. . 

. . (T)hey said that they would welcome both (Hayes and Vinroot) to visit the area before the primary and would then pull out all 
the stops to support the winner in the race against Gov. Jim Hunt." With this reminder in the Petitioner's personnel file, the 
interview committee pulled out all the stops to insure that the Petitioner, a Republican, would not be selected for the Chief PPO 
position. 

26. On February 13, 1996, Petitioner and five other applicants were interviewed by White and Hendrix for the 
position of Chief PPO for Cherokee, Clay and Graham Counties. 

27. Of the six applicants, the interviewers rated Bobby Cagle and Dawn Wilde as Above Average, Nick Guthrie as 
Average, and Margaret Roberts, Mike Gregory and Nadine Vehe as Below Average. 

28. Bobby Cagle is a Democrat. 

29. The inteiv'iew committee noted that Petitioner had received a written warning (for inter\ening to assist in the Jason 
Whitaker matter), stated that she lacked a good understanding of the role of a Chief PPO (even though there was evidence showing 
that she was qualified for the position), and concluded that she should not be considered for the position (knowing that she had 



1679 NORTH CAROLINA REGISTER March 2, 1998 12.17 



CONTESTED CASE DECISIONS 



arranged a breakfast for Republican Hayes). 

30. Bobby Cagle is a male who was bom on February 1, 1967. 

31. Cagle received a bachelor's degree in political science and sociology from the University of North Carolina at 
Chapel Hill and, at the time of his application, had completed 32 credit hours towards a master's degree in social work from UNC- 
CH. Before being hired by Respondent, he was a social worker in Graham County. Cagle was so confident that he would occupy 
the position, he informed others of the fact after only the position was posted. Cagle expected to receive the promotion because 
he helped Krauzer and Hendri.x receive their positions. 

32. From 1991 to 1994, Cagle was a PPO based in Graham County. In 1994, Cagle was promoted to an intensive 
PPO, covering Graham County and part of Cherokee County. While serving as an intensive PPO, Cagle was a student intern for 
one year at the Smoky Mountain Counseling Center, working in the area of substance abuse treatment and the coordination of 
services between the Division of Adult Probation and Parole and substance abuse treatment programs. In addition, Cagle served 
on the boards of numerous Graham County civic groups and non-profit organizations dealing with social service and criminal justice 
issues. 

33. The interview committee, with Hendrix and White, found Cagle to be extremely knowledgeable about the role 
of a Chief PPO, noted his extensive community involvement and his understanding of how the various social service agencies 
interface with each other, and recommended him as its first choice for the position. 

34. Respondent's manual states: "Release from Probation prior to the expiration date will be considered a termination. 
The Court may at any time during the period of probation terminate probation upon its own motion, upon the motion of the Officer 
(with the approval of the Unit Supervisor), or upon the conclusion of mandatory review of probation pursuant to G.S. 15A- 
1342(d)." The manual further provides that it is an officer's responsibility to "[djiscuss the case with the Unit Supervisor for 
approval of early termination." The Republican witnesses testified that PPOs were never instructed that the Chief PPO's approval 
was required when a probation was terminated early. The Democrats disagreed. The evidence suggests that the "mountain way" 
not the manual was followed. 

35. Cagle was selected for the position of Chief PPO for Cherokee, Clay and Graham Counties. 

CONCLUSIONS OF LAW 

1. The Respondent did not intentionally discriminate against Petitioner on account of her sex when it failed to 

promote Petitioner. 

2. The Respondent did not intentionally discriminate against Petitioner on account of her age when it failed to 
promote Petitioner. 

3. The Respondent did not retaliate against Petitioner. 

4. The Respondent did intentionally discriminate against Petitioner on account of her political affiliation when it 
failed to promote Petitioner. The Petitioner made a prima facie case, the Respondent offered legitimate 
nondiscriminatory reasons for selecting Cagle, but the evidence, in particular, of the politicizing of the office, 
the fabricating of false charges against Petitioner concerning the Whitaker matter, and the inclusion of material 
concerning Petitioner's political activities in her personnel file established that the offered reasons were simply 
a pretext to perpetuate political affiliation discrimination according to the "mountain way." 

RECOMMENDED DECISION 

It is recommended that Petitioner receive back pay and front pay until she is placed in a position of a Chief PPO. It is also 
recommended that Petitioner be awarded reasonable attorney fees. 

NOTICE 

The State Personnel Commission is the agency that will make the final decision in this contested case. It is required to 



12:17 NORTH CAROLINA REGISTER March 2, 1998 1680 



CONTESTED CASE DECISIONS 



give each party ;in opponunity to file exceptions to this recommended decision and to present written arguments. The agency will 
serve a copy of the final decision on all panics, the attorneys of record, and the Office of Administrative Hearings. 



This the 26'" day of January, 1998. 



Robert Roosevelt Reilly, Jr. 
Administrative Law Judge 



1681 NORTH CAROLINA REGISTER March 2, 1998 12:17 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COLTS TY OF FORSYTH 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

97 DHR 0552 



RUBY WOODWARD, 
Petitioner, 

V. 

NORTH CAROLINA DEPARTMENT OF HUMAN 
RESOURCES 

Respondent. 



RECOMMENDED DECISION 



FOR PETITIONER: 
FOR RESPONDENT; 



This contested case was heard by Administrative Law Judge, Sammie Chess, Jr. On November 24, 1997, in High Point, 
North CaroHna. This proceeding is an appeal from the decision of Respondent to deny the Petitioner's family foster home license 
application. 

APPEARANCES 

Ruby Woodward, appearing pro se 

Jane Rankin Thompson 
Assistant Attorney General 
N.C. Depanment of Justice 
310 E. Third Street, Suite 200 
Winston Salem, NC 27101 

ISSUE 

Whether the Respondent properly denied Petitioner's application for a family foster home license. 

FINDINGS OF FACT 

1 . The Petitioner, Ruby Woodward, was approved by the Forsyth County Department of Social Services (DSS) to adopt three 
children whose mother has a terminal illness. Forsyth County DSS also wanted Ms. Woodward to be licensed as a foster parent 
prior to the final decree of adoption. 

2. As the final foster parent application papers were being prepared, the Forsyth County DSS licensing worker became aware 
that Ms. Woodward was 72 years old. Tlie worker had known Ms. Woodward for nine years in various community roles but was 
not aware of her age. 

3. The Respondent has promulgated an administrative rule, 10 N.C. A.C. 41F .0702 which allows the granting of new foster 
home licenses only to persons from 21 to 65 years of age. However, 10 N.C. A.C. 41 A. 0007, allows the Respondent to waive this 
age restriction upon a "showing that another way of meeting a rule maintains the health, safety, and well-being of individuals being 
served at or above the level required by the rule". 

4. Forsyth County DSS requested a waiver of the age requirement, which waiver was denied by the Respondent. 

5. Respondent has granted waivers of the age requirement up to age 68 on a case by case basis. 

6. Above age 68 no case specific analysis is undertaken and all waiver requests for new foster home licenses are denied. 

7. Sherry Foster, foster home licensing consultant for the Respondent, testified that foster parenting is a very demanding job, 
involving children who almost always have special needs and behavior problems, and that to begin this job after age 65 presents 
many potential difficulties for the foster parent and the children. 



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CONTESTED CASE DECISIONS 



8. Older citizens are encouraged to become involved with foster children in other volunteer capacities, rather than as a full- 
time caregiver. 

9. Some waivers above age 65 have been granted, but the respondent believes age 68 is an appropriate cut off date after which 
not to grant waivers for the age requirement for general foster home licenses. 

10. With regard to Ms. Woodward's specific situation, the Respondent is concerned that the issuance of a general foster home 
license would result in the placement of foster children in her home who may then well need to be moved when the three young 
children Ms. Woodward will adopt come to live with her. 

1 1 . Respondent believed that children in foster care need one stable foster home placement. 

12. Respondent also believed that Ms. Woodward's uncertain situation with regard to when the three adoptive children will 
come to live with her full-time is not conducive to stability for other foster children. 

13. The Respondent would grant a waiver for Petitioner to become a foster parent for the three children she will adopt. 

14. This would be for the time period between their full-time placement in Petitioner's home and the granting of the final 
adoption decree. 

15. Brigitte Lindsay, foster home licensing worker for Forsyth County DSS, testified that the present position of Forsyth 
County DSS is to only to request a foster home licensing waiver for the three children Ms. Woodward will adopt when their mother 
dies. 

16. Petitioner desires to have a general foster home license to enable her to care for children other than the three she will adopt. 

17. For 41 years she was employed as a registered pediatric nurse. 

18. She is in good health and takes no medication. 

19. She has raised two daughters and helped raise her six grandchildren. 

20. She is active with youth in her church and her community. 

21. She has served as a volunteer mentor, with the Winston Salem SCAN program, to seven or eight families whose children 
were at risk of abuse or neglect. 

22. She believes that her age is not an impediment to her providing good care to foster children in her home. 

23. The court has had the opportunity to observe the Petitioner on two different occasions, which were a month or more apart. 

24. Petitioner is a vibrant lady who exudes a lot of stamina. 

25. Petitioner is very much involved in many community activities and organizations. 

26. Petitioner is a trained professional who obviously loved her work as a Registered Pediatric Nurse and wants to continue 
by being a mentor and nurturer for children who need care. 

27. The court will take judicial notice of the fact that there is a glut of children in need of such loving care and attention. 

28. It is better to know her kind of love, if, maybe, only for a little while, than not to have known it at all. The children are 
bound to be the richer when considering the totality of the circumstances. 

29. Respondent did not consider anything about Petitioner, but her age. The contention being that her age automatically 
disqualified her. 

30. From the Court's observation. Petitioner gets around as well if not better than a lot of 50 vear olds. 



1683 NORTH CAROLINA REGISTER March 2, 1998 12:17 



CONTESTED CASE DECISIONS 



3 1 . The Forsyth County social worker who deals with Petitioner directly and who had observed Petitioner and knows her vigor 
and stamina recommended a waiver of the age requirement. She had not done that in any other case. She was very surprised to 
learn that Petitioner was 72 years old. 

32. An interview with Petitioner would have given Respondent some basis for an opinion. 

33. Respondent admits that Petitioner is an extraordinary person for her age. 

CONCLUSIONS OF LAW 

1. Respondent did not consider Petitioner's extraordinary good health or find any facts upon which to base its denial of 
Petitioner's application. 

2. Cases like Petitioner's are the basis for the waiver rule cited in Administrative Rule, 10 N.C.A.C. 41A .0007. 

3. In that Respondent did not interview Petitioner in order to have a rational basis for its refusal to grant Petitioner's 
application. Respondent's action was arbitrary, capricious, and erroneous. 

RECOMMENDED DECISION 

It is recommended that Respondent's decision to deny Petitioner's application for a general license to operate as a family 
foster home be REVERSED by the final agency decision-maker. It is further recommended that the age requirement be waived 
and Petitioner's family foster home license application be APPROVED. 

NOTICE 

The agency making the final decision in the contested case is required to give each party an opportunity to file exceptions 
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 150B- 
36 (a). 

The agency is required by G.S. 150B-36 tb) to serve a copy of the final decision on all parties and to furnish a copy to 
the parties' attorney of record and to the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 
27611-7447. 

The agency that will make the final decision in this contested case is the North Carolina Department of Human Resources. 

This the 2nd day of February 1998. 



Sammie Chess, Jr. 
Administrative Law Judge 



12:17 NORTH CAROLINA REGISTER March 2, 1998 1684 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

97 OSP 0594 



DEBORAH R. DIXON 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF CORRECTIONS 
Respondent. 



RECOMMENDED DECISION 



This matter came on for hearing on December 17, 1997 before Administrative Law Judge Dolores O. Smith, in Raleigh, 
North Carolina. 

APPEARANCES 

Petitioner: Janet I Pueschel 

Attorney at Law 
P.O. 2725 

Raleigh, North Carolina 27602-2725 
Attorney for Petitioner 

Respondent: Neil Dalton 

Assistant Attorney General 

N.C. Department of Justice 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 

Attorney for Respondent 

ISSUE 

Did Respondent have just cause to terminate Petitioner? 

STATUTES AND RULES IN ISSUE 

N. C. Gen. Stat. 126-35 

Based upon careful consideration of the testimony and evidence presented at the hearing, the documents and exhibits 
received into evidence, and the entire record in this proceeding, the undersigned makes the following: 

FINDINGS OF FACT 

1 . Petitioner was a Correctional Officer at the Johnston Correctional Center (Johnston Correctional) from May 10, 1995, 
up to the time of her discharge on February 24, 1997. 

2. Petitioner was a permanent State employee subject to the provisions of the State Personnel Act. 

3. On August 20, 1996, Captain Q. Royal received information from a confidential informant who said that there would 
be problems with an inmate named Timothy Richardson. Richardson had recently been transferred back to Johnston Correctional 
from Scotland Correctional Center (Scotland Correctional) where he had been sent to be placed in disciplinary segregation. 

4. The informant told Captain Royal that there would be trouble because Inmate Richardson and one of the female 
Correctional Officers at Johnston Correctional were in love with each other. 



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12:17 



CONTESTED CASE DECISIONS 



5. The informant also told Captain Royal that the female had been bringing contraband to Richardson and had bought him 
a pair of tennis shoes when he was at Scotland Correctional. 

6. The informant identified the Correctional Officer as Deborah Dixon, the Petitioner in this matter. 

7. Captain Royal told Superintendent G. L. Woodard what he had learned and Superintendent Woodard called for an internal 
investigation. 

8. Captain Royal checked Timothy Richardson's field jacket at Scotland Correctional and discovered that on May 13, 1996, 
he had completed an approved visitor's list which had as the first name on the list, "D. R. Dixon". The relationship on that form 
was listed as "friend." 

9. Captain Royal discovered that the Visitors' Log for Sunday, June 2, 1996 showed that Deborah Dixon had visited Timothy 
Richardson. She had listed her relationship as "friend." 

10. The Visitors Log also showed that on Sunday, June 23, 1996, Deborah Dixon had again visited Richardson and listed her 
relationship as "friend." 

11. The Visitors Log for Sunday, July 14'\ showed that Ms. Dixon had again visited Richardson. 

12. On August 15. 1996. the Visitors Log showed that Ms. Dixon again visited Richardson and on this occasion she listed 
her relationship as "cousin." 

13. The Department of Corrections, Division of Prisons Policy provides that a Correctional Officer who finds that he or she 
has a relationship with an inmate must report that relationship to his or her supervisors within 48 hours. 

14. In Appendix C of the Department of Corrections Disciplinary Policy and Procedures, under examples of Personal 
Misconduct, Example 20 states: 

Failure to report known or possible undue familiarity of an employee with inmates ... 

15. Petitioner had not reported her relationship with the inmate nor had she reported any of the four visits. 

16. Petitioner was out sick at the time this matter was reported to Captain Royal, but she learned that the Superintendent was 
looking in to her relationship with Richardson and she went in to talk with him. 

17. Ms. Dixon told Superintendent Woodard that she had learned that Richardson was related to her during the time he was 
at Johnston Correctional. 

18. Petitioner told the Superintendent that she was interested in researching the genealogy of her family and when she learned 
that the inmate may be related to her she was anxious to pursue the matter to learn more of her family's roots. 

19. She testified, but it is not found as fact, that she knew that she could not communicate with Richardson while he was at 
Johnston but when she later learned that Richardson had been sent to Scotland Correctional, she believed she could visit him with 
impunity. 

20. Ms. Dixon testified at the hearing, but it is not found as fact, that she asked a sergeant if it would be all right to visit an 
inmate at another institution and the sergeant said that it was all right. 

21. Ms. Dixon never told this to anyone prior to this hearing. 

22. Timothy Richardson was interviewed and stated that he believed he was related to Officer Dixon through his mother's 
family. He testified that he first met her at a family reunion held in Rocky Mount a few years ago. When he was asked to write 
his statement down he said that he would not write anything against his people. 

23. Superintendent Woodard asked Petitioner to provide information to substantiate the relationship she believed existed 
between her family and Richardson's. 



12:17 NORTH CAROLINA REGISTER March 2, 1998 1686 



CONTESTED CASE DECISIONS 



24. Petitioner did not do this. 

25. Superintendent Woodard sent a memo to Petitioner again requesting that she provide that information before October 
28, 1996. 

26. Petitioner then provided Superintendent Woodard with nine names and eight addresses and phone numbers of people 
who Petitioner alleged were related to both of them. 

27. Captain Royal tried to reach those people but was unable to reach any of the people on the list 

28. On October 31", Captain Royal spoke with Petitioner and told her that they had been unable to track down any of the 
names on her list. He asked her for additional information as to how he might reach those people and Petitioner said the only one 
on the list that she actually knew was Richardson's grandmother and she did not know how to contact her. 

29. Petitioner testified that the names and numbers had been in her possession for several months. 

30. Petitioner also testified that, up to the time she gave the names to Superintendent Woodard, she had not attempted to track 
those people down. 

31. Petitioner testified that Richardson's sister had come to Johnston County to visit him and had learned that he had been 
transferred. Petitioner stated that Richardson's sister told her that Richardson had been transferred. 

32. At her deposition, however. Petitioner said that Priscilla Rhodes, a cousin, had told her that Richardson had been 
transferred. 

33. Also, at the deposition. Petitioner stated that she learned of the existence of Priscilla Rhodes when she first visited 
Richardson and he talked about Priscilla Rhodes. 

34. Superintendent Woodard was unable to determine whether or not Petitioner was telling the truth about' her genealogical 
research. However, since the policy requires that any relationship with an inmate be reported to Administration within 48 hours 
and Petitioner had not done this, he determined that a discipline should be issued. 

35. Superintendent Woodard determined that he would issue Petitioner a written warning which he wrote and sent to Area 
Administrator Robert Parrott in accordance with DOP policy. 

36. DOP policy provides that dismissals must be approved by DOP administration in Raleigh. DOP policy provides that 
written warnings are not sent to Raleigh but are sent to the Area Administrator for review and approval. 

37. Area Administrator Parrott gave permission for the written warning. 

38. The written warning was issued on December 5, 1996 for personal misconduct for failure to report involvement with an 
inmate. 

39. Previously on August 30, 1995. Petitioner had received an oral warning for undue familiarity. That warning involved 
an inmate drawing a picture of the Petitioner and giving it to her. The Petitioner then gave the inmate money to buy himself 
something at the canteen. 

40. Boyd Bennett is the Manager of the Geographic Command which includes Johnston County. Although he does not review 
all written warnings, he happened to review this one. 

41. On December 16, 1996, Mr. Benneu wrote to Frank Gunter. Assistant Director of Operations. In that letter Mr. Bennett 
stated that he had reviewed a disciplinary package which had come in from Johnston County. It indicated that a written warning 
had been issued for a correctional officer who had visited an inmate on four occasions. Mr. Bennett stated his concern that this 
discipline was inappropriate and that other Correctional Officers had been fired for the same activity. Mr. Bennett requested that 
.Mr. Gunter look into the matter. 

42. Mr. Gunter requested that Bonnie Boyette the DOP Personnel Officer investigate. 



1687 NORTH CAROLINA REGISTER March 2, 1998 12:17 



CONTESTED CASE DECISIONS 



43. Ms. Boyette determined that the level of discipline was inconsistent with previous disciplines and that it was usual 
procedure to dismiss in incidents such as this. 

44. Mr. Bennett then discussed the case with Area Administrator Parrott. Mr. Parrott informed Mr. Bennett that he had 
approved the discipline of a written warning because the Superintendent had indicated that the Petitioner had been a good employee 
and because he did not know that other Correctional Officers had been fired for this type of offense. 

45. Mr. Bennett told Mr. Parrott that the written warning will be rescinded. He further told Mr. Parrott that the written 
warning must be changed to a termination. 

46. On December 31, 1996, Mr. Parrott wrote to Superintendent Woodard, directing him to proceed with the dismissal of 
Correctional Officer Dixon. 

47. Superintendent Woodard testified that he had never previously issued a warning for a visiting situation and didn't know 
that the standard procedure was dismissal. 

48. On January 10, 1997, Superintendent Woodard wrote to Ms. Dixon informing her that there would be a Predismissal 
Conference held on Tuesday, January 14, 1997. Ms. Dixon requested an extension and the conference was rescheduled for January 

21". 

49. On January 21, 1997, the conference was held and Superintendent Woodard issued a letter recommending dismissal. 

50. On February 24, 1997, the Department of Corrections approved the recommendation for dismissal and the Petitioner's 
employment was in fact terminated for personal misconduct. 

Based upon the above Findings of Fact, the undersigned determines the following: 

CONCLUSIONS OF LAW 

1. N. C. Gen. Stat. 126-35 provides that no career State employee may be discharged except for just cause. A just cause 
dismissal may be for job performance or personal conduct. 

The Respondent's personnel policy states that an employee must report any visit to an inmate and a relationship with an 
inmate within 48 hours and classifies a Correctional Officer's undue familiarity and failure to report familiarity as a personal 
conduct violation. 

Petitioner visited the inmate on four occasions and did not report any of those visits. 

Respondent had just cause to discipline the Petitioner. 

2. The Respondent's policy provides that terminations at a county institution must be approved by DOP in Raleigh. Written 
warnings are to be approved by the Area Administrator only. 

In accordance with policy, the Superintendent routed the written warning to the Area Administrator. Since neither the 
Superintendent nor the Area Administrator was aware that historically the DOC dismissed for undue familiarity or failure to report 
familiarity with an inmate, the written warning was approved, sent back to the Superintendent and was issued. 

When this disciplinary package was reviewed, the Administration realized the error. They attempted to correct it by 
rescinding the written warning and sending the matter back to the Superintendent to proceed with a termination. 

Both parties agree that there is no rule or policy which addresses the rescision of a grievance. 

It is self-evident that discipline may be changed in the course of a grievance procedure. That change may be made either 
because of reconsideration at the various steps in a grievance procedure, or because of new evidence which comes to light in the 
course of that procedure, or it may be changed as a result of a settlement. 



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CONTESTED CASE DECISIONS 



However, in this instance the decision to rescind the duly-issued warning was made by administrators who reviewed the 
package not in the course of a grievance procedure. 

An agency is obligated to follow its own rules and procedures. Respondent followed its own procedure when the 
Superintendent sought and obtained the appropriate approval for a written warning and then issued that warning. Respondent, 
however, did not follow its own procedure when it rescinded the warning which had been appropriately issued. 

If an agency has delegated the authority to issue written warnings but still wishes to retain the authority to change a duly 
issued warning upon a late review, it should attempt to provide a rule or written policy stating that disciplines can be changed for 
a listed number of reasons and within a set amotmt of time. Without such a written policy or rule, a State employee is at the mercy 
of changes even if that employee may have corrected their behavior. 

3. The Respondent had no authority to rescind the written warning. Therefore, the Respondent did not have just cause for 
the Predismissal Conference or the dismissal. 

4. 25 NCAC IJ .0608(b) provides that dismissals for unacceptable personal conduct require that a Predismissal Conference 
be held between the employee and the person recommending dismissal. 

5. 25 NCAC IJ .0613(4) provides that the purpose of the PredismissaJ Conference shall be to review the recommendation 
for dismissal with the affected employee and to listen to and to consider any information put forth by the employee. 

6. 25 NCAC IJ .0613(4)(f) provides that following the conference management shall review and consider the response of 
the employee and reach a decision on the proposed recommendation. 

7. The directive to the Superintendent to proceed with a Predismissal Conference and termination therefore, was not made 
by him but had been previously made by his supervisors. 

8. 25 NCAC IB .0431 provides that reinstatement may be ordered only upon a finding of lack of substantive just cause or 
discrimination. 

9. Since the written warning was in effect, and there is no provision for recision, the Respondent did not have just cause to 
dismiss Petitioner. 

10. 25 NCAC IB .0421 provides that the Personnel Commission may award full or partial back pay. 

11. Rule 25 NCAC IB .0414 provides that attorneys fees may be awarded where a grievant is reinstated. 

RECOMMENDATION 

That the Respondent reinstate Petitioner, and award her back pay and reasonable attorney's fees. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, P.O. 
Drawer 27747, Raleigh, N.C. 2761 1-7447, in accordance with North General Statute 150B-36(b). 

NOTICE 

The agency making the Final Decision in this contested case is required to give each party an opportunity to file exceptions 
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 150B- 
36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the 
parties' attorney on record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the Nonh Carolina Office of State Personnel. 



1689 NORTH CAROLINA REGISTER March 2, 1998 12:17 



CONTESTED CASE DECISIONS 



This the 29th day, of January, 1998. 



Dolores O. Smith 
Administrative Law Judge 



12:17 NORTH CAROLINA REGISTER March 2, 1998 1690 



NORTH CAROLISA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administralive Code (NCAC) has four major subdivisions of rules. Two of these, titles and 
chapters, are mandatory. Tlie major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are fiirther broken down into 
cfiapters which shall be numerical in order. The other tMo, subchapters and sections are optional subdivisions to 
be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVT CODE 



TITLE 



DEPARTMENT 



LICENSING BOARDS 



CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Cenified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safet>' 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


TT 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretarv' ot Slate 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Moruiary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


-)T 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors. Fee-Based Practicing 


45 






Pharmacv 


46 






Physical Therapy Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatr_\ Examiners 


52 






Professional Counselors 


53 






Psychology Board 


54 






Professional Engineers & Land Surve\ors 


56 






Real Estate .Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary .Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



1691 



NORTH CAROLINA REGISTER 



March 2, 1996 



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n" 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997 



DESCRIPTTON 



COD€ 



ANNUAL 
SUBSCRIPTION PRKE 



Tirie 1 - Dept of AdministroHon - Complete fiHe 201 00 00 1 

Division of Purchase & Contract 20110 051 

Federal Block Grant Funds 20110331 

Trrie 2 - Dept. of Agriculture - Complete Tide 202 00 00 1 

Food & Drug Protection Division 202 15 091 

Structural Pest Control Committee 202 15 341 

Agricultural Markets 202 15 431 

Plant Industry 202 15 481 

Animal Industry 202 15 521 

Title 3 - Depf. of State Auditor • Complete fitie 203 00 00 1 

Title 4 - Dept. of Commerce - Complete frtle 204 00 00 1 

Alcoholic Beverage Control Commission 204 15 021 

Banking Commission 204 15 031 

Credit Union Division 204 15 061 

Savings & Loan Division 204 15 091 

Industrial CommissionAVorkers Compensation 204 15 101 

Savings Institutions Division 204 15 161 

Title 5 ■ Dept. of Corrections - Complete Title 205 00 001 

Division of Prisons 205 15 021 

Title 6 - Council of State ■ Complete Tiile 206 00 00 1 

Title 7 - Dept. of Cultural Resources • Complete Title 207 00 001 

Title 8 ■ State Board of Elections - Complete Title 208 00 00 1 

Title 9 ■ Offices of ttie Governor & Lt. Governor - Complete Title 209 00 001 

Title 1 - Dept. of Human Resources - Complete Tirie 2 1 00 00 1 

Licensing of Health Facilities 210 20 101 

Detention Facilities 210 20 201 

Mental Health & Rehabilitation Services 210 20 301 

Social Services 210 20 401 

Children Services/Day Care 210 20 411 

Services for the Aging 210 20 421 

Services for the Blind 210 20 431 

Services for the Deaf & Hard of Hearing 210 20 44 1 

Employment Opportunities . 210 20 451 

Title 1 1 - Dept. of Insurance - Complete Title 211 00 001 

Insurance 211 10 011 

Consumer Services 211 10 041 

Fire & Rescue Services 21110051 

Agent Services 211 10 061 

Engineering & Building Codes 211 10 081 

Title 1 2 - Dept. of Justice - Complete Tirie 2 1 2 00 00 1 

Private Protective Services 212 10 071 

Polic;^ & Sheriff's Education & Training Standards 212 10 091 

NC Alarm Systems Licensing Board 212 10 111 

Tirie 1 3 - Dept. of Labor - Complete Tirie 2 1 3 00 00 1 

Mine & Quarry Safety 213 15 061 

General Safety/OSHA 213 20 001 

Wage & Hour Rules 213 15 121 

Boiler & Pressure Vessel Safety 213 15 131 

Apprenticeship & Training 213 15 141 

Elevator 3i Amusement Device Safety 213 15 151 

Tirie 14A - Dept. of Crime Control & Public Safety - Complete Trie 214 00 001 

Alcohol Law Entorcement 214 00 081 

Victims Compensation Fund 214 00 111 

Trie ISA - Dept. of Environ., Health, & Not. Resources - Complete Tirie 215 00 001 

Environmentjl Management 215 15 001 

Air Quality 215 15 101 

Water Quality 215 15 201 

Land & Waste Management 215 15 301 

Solid Waste Managcmeni 215 15 311 



$90.00 

S30.00 
S25.00 

$140.00 

S35.00 
$30.00 
S30.00 
$30.00 
$30.00 

$25.00 
$125.00 

$45.00 
$45.00 
$25.00 
$25.00 
$30.00 
$35.00 

$70.00 

$35.00 

$30.00 
$60.00 
$30.00 
$45.00 
$470.00 

$95.00 

S40.00 

$110.00 

$185.00 

$55.00 

$45.00 

$40.00 

$25,00 

$45.00 

$90.00 

$80.00 
$30.00 
$25.00 
$35.00 
$30.00 

$90.00 

$30.00 
$40.00 
$30.00 

$110.00 

$25.00 
$70.00 
S25.00 
$25.00 
$25.00 
$25.00 

$45.00 

$25.00 
525,00 

$395.00 

S165.00 

S90.00 

S35.00 

S85.00 

550.00 



DESCRIPTION 



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Underground Storage Tanks 

Coastal Management. Fishing & Boating 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalizer 

fttfe 1 6 - Depf. of Public Instruction - Complete Title 

Elementary & Secondary Education 

Title 17 - Department of Revenue • Complete Title 

Taxes on Individuals 

Taxes on Business 

Sales & Use Tax Division 

Motor Fuels Tax Division 

Trie 1 8 - Secretary of State - CompleteTiHe 

Securities Division 

Trie 1 9A • Dept. of Transportation • Complete Trie 

Division of Highways 
Division of Motor Vehicles 

Trie 20 - Dept. of riie State Treosurer • Complete TrHe 

Trie 21 - Occupational Licensing Boards - Complete Tirie 

Trie 22 • AdministrativB Procedures - Repeoled 

Trie 23 - Community Colleges - Complete Trie 

Trie 24 - Independent Agencies - Complete Trrie 

Trie 25 • Office of State Personnel • CompleteTrie 

Trie 26 ■ Office of Administrative Hearings - Complete Trie 

Trie 27 - Norrii Carolina State Bar • Complete Trie 

Norrii Carolina Administrative Code • Complete Code 

(Add S85.00 Shipping and Handling) 

CD-ROM Nortti Carolina Administrative Code 

'updc.:ed .lu.Trrfri'v) 

CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

Binderis] nHed • (Meal Nanh Camlina Admimstram Coda" 



215 15 321 
215 15401 
215 25 001 
21525 101 

215 25 201 
2!5 25 301 
21525311 

21600 001 

216 10061 

21700 001 

217 15 101 
217 15 201 
217 15271 

217 15291 

21800 001 

218 10 060 

21900 001 

219 10021 

219 10031 

220 00 001 

221 00 001 
n/a 

223 00 001 

224 00 001 

225 00 001 

226 00 001 

227 00 001 
299 99 981 

266 00 001 

266 50 001 

288 50 001 
288 80 001 
299 90 000 



S30.00 

S53.00 

3150^00 

$65.00 

S60.00 

S85.00 

S25.00 

S60.00 

$30.00 

$130.00 

$40.00 
$70.00 
S45.00 
S30.00 

S60.00 

$33.00 

$90.00 

$45,00 
$45.00 

$45.00 
$230.00 



S45.00 
$40.00 
$80.00 
$35.00 
$60.00 
$850.00 

S750.0O 

$250.00 



$475.00 
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